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Texas

Making false sexual harassment complaints

03/03/2009

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Don’t grant ‘FMLA leave’ if you’re not covered

02/02/2009

Employees who are promised they can take “FMLA leave” may have a claim against an employer even if it turns out the company isn’t required to comply with the FMLA because it has fewer than 50 employees. Employees can argue that the employer misled them, and that the company should therefore be required to comply with the FMLA.

Root out unintentional pay discrimination

02/02/2009

Here’s yet another good reason to closely review employee compensation: Legislation overturning the U.S. Supreme Court decision in the Lilly Ledbetter case has been enacted. Employees will now be able to sue their employers for any discriminatory pay decisions made years ago that still show up in current paychecks.

How not to fire complaining employee: Use pretext, don’t document real reasons

02/02/2009

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

Go ahead and set up employee surveillance, but be careful how you pick your spots

02/02/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took the high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

In pay discrimination cases, job duties—not titles—are what count for comparison

02/02/2009

Employees may assume that, just because they hold the same job title as another employee, they should receive the same pay. But the label an employer assigns to a job isn’t nearly as important as the job duties performed by the person holding the job.

Class actions aren’t just for large groups anymore

02/02/2009

When we think of class-action lawsuits, we usually think big. Such lawsuits can involve thousands of employees and millions of dollars. But they can also involve just a handful of employees, as a federal judge just ruled.

Court: Government executives considered at-will employees

02/02/2009

Some government employees have a “protected property” interest in their jobs. Others are at-will employees. Those with high-level jobs are typically at-will employees.