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Texas

Tell applicants upfront about schedule, seniority system

02/01/2008

If you have a system that gives the most senior employees their picks of the best days off, it’s fair to both job applicants and the organization to be clear about what hours new hires should expect to work. The best approach is to ask about work availability upfront—right on the job application …

Harassment policy should have several ways to complain

02/01/2008

Your organization probably has a sexual harassment policy and provides training on how it works. But does your policy give employees more than one way to lodge a complaint? It should. Here’s why …

Investigation notes, report may prove valuable in court

02/01/2008

How do you handle internal discrimination complaints? If you use an ad hoc process, sometimes taking notes or preparing a report, you may be missing out on an important litigation advantage later. Develop a routine investigation process …

Even employees who suffer no harm can collect top dollar

02/01/2008

Here’s yet another reason to clean up the workplace and make certain it’s free of harassment, graffiti and other evidence of a hostile work environment: Employees can collect hundreds of thousands of dollars in punitive damages even if they weren’t physically or financially harmed by the hostile workplace …

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …

Former union treasurer sentenced to prison for embezzlement

02/01/2008

A former treasurer of Local 900 of the Federal Independent Texas Union (FITU) was recently ordered to serve a 21-month prison sentence for embezzling $164,268 in union funds. The FITU represents employees at Lockheed Aerospace Corp. in Fort Worth …

Countrywide merger requires B of A to create new Texas jobs

02/01/2008

According to a recent Associated Press report, Bank of America must assume Countrywide Financial’s contract to create 7,500 new jobs in Texas if it wants to move forward with its plan to acquire the nation’s largest mortgage lender …

Tests to determine whether BP equipment caused fatal accident

02/01/2008

The attorney for the family of a worker who was fatally injured at BP’s Texas City refinery recently stated that he will have a metallurgist test equipment to determine whether its age and condition were factors in the accident …

Employment law lite: Court says monkeys, chimps can’t sue

02/01/2008

A Texas appeals court had dismissed a lawsuit filed by People for the Ethical Treatment of Animals (PETA) on behalf of nine chimpanzees and monkeys. The court said the primates don’t have an independent right to sue …