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Texas

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 …

TWC awards nine Texas universities high-Tech grants

02/01/2008

The Texas Workforce Commission recently awarded nine grants, totaling nearly $2 million, to the Texas Youth in Technology Strategic Workforce Development initiative …

Former Richardson pastor faces sex charges—Again

02/01/2008

Darrell Gilyard, head of 700-member Shiloh Metropolitan Baptist Church in Jacksonville, FL, is in hot water for a second time over charges of sexual misconduct with members of his flock. Gilyard was a rising star at Victory Baptist Church in Richardson, TX …

OSHA safety reporting requirements

02/01/2008

Q. What information must be included in an OSHA Log 300 and when must it be posted? …

May we forbid employees to talk about how much they get paid?

02/01/2008
Q. My company has a policy prohibiting all workers from discussing their pay with other employees. Is this legal?

A better term for ‘Probationary’ periods

02/01/2008

Q. Our company has an initial 90-day probationary period for all new employees. Our employee handbook clearly describes the probationary period and also contains an introduction stating that the company has the right to terminate its employees at any time with or without cause. Our attorney recently informed us that the two provisions may be inconsistent and recommended that we delete the handbook’s reference to a probationary period. Should we follow her advice? …

OK to consider intangible qualities when choosing applicants

01/01/2008

When it comes to hiring good employees, you know that experience and education aren’t everything. There’s nothing wrong with considering such “soft” factors as loyalty and reliability when making hiring decisions. Just make sure you don’t consider things such as disability, FMLA absences or other protected characteristics …

‘Adverse impact’ standard set for Texas Whistleblower Act

01/01/2008

The Texas Supreme Court has weighed in for the first time on an important interpretation of the Texas Whistleblower Act. Until now, a key term in the act was largely undefined: Exactly what is an “adverse employment action"? …

Individual assessment—Not diagnosis—Key to ADA disability

01/01/2008

It takes more than a trip to the family doctor, a diagnosis and a prescription to establish a disability and qualify for protection under the ADA. Employees who say they are disabled must be able to show that they are substantially impaired in a major life function. And taking medication may mean an employee is not disabled because it can reduce the effects of even serious illnesses …

Tell employees when you plan to charge time off to FMLA

01/01/2008

When an employee takes leave to deal with a serious health condition, be sure to inform her that you plan to charge the time against her allotment of unpaid FMLA leave. If you fail to do so and the employee later runs out of leave and loses a benefit, it will be relatively easy for her to sue and show she was somehow harmed by the lack of notice …