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Texas

Feds offer relief for benefits plans affected by Ike

11/04/2008

In response to damage caused by Hurricane Ike, the IRS, the U.S. Department of Labor’s Employee Benefits Security Administration and the Pension Benefit Guaranty Corporation have issued a federal notice allowing leeway for compliance with employee benefits plan requirements.

Demand fitness exam when performance slips

11/04/2008

You don’t have to ignore a sudden and shocking deterioration in an employee’s performance and behavior. You can and should ask for a fitness-for-duty exam. Just be prepared to discuss possible accommodations if it turns out the employee is disabled.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Minor schedule change isn’t an adverse employment action

11/04/2008

Judges sometimes use common sense. Take, for example, a recent case involving a woman who sued after her employer changed her days off so that she had to work six days straight.

Employee or independent contractor? It matters for FLSA

11/04/2008

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.

Unemployment claims rise in wake of Gulf hurricanes

11/04/2008

The number of new unemployment benefits claims filed nationwide increased by 32,000 in late September, a spike at least partially attributable to layoffs that followed hurricanes Gustav and Ike. That brought total late September unemployment claims to 493,000.

EEOC sues Sonic for harassment

11/04/2008

The EEOC has filed a lawsuit against a Sonic drive-in restaurant located in Kingwood, alleging that several female teen employees were subjected to sexual harassment.

Alleged discrimination brings claims against insurance agency

11/04/2008

The EEOC recently filed an employment discrimination lawsuit against Time Insurance Agency of Austin, alleging pregnancy discrimination against a female job applicant.

Was Galveston retirement home biased against older worker?

11/04/2008

The EEOC has been busy this fall in Texas. The agency recently sued the Edgewater Retirement Community in Galveston for allegedly refusing to hire a 78-year-old job applicant.