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Texas

Manager’s waffling can invalidate otherwise-Legitimate arbitration policy

11/01/2007

Texas employers that want their employees to give up the right to take employment disputes to court must make sure they are clear about that intention. Although employees don’t actually have to sign the agreement to arbitrate, they must understand that the agreement is a condition of employment …

Guard what’s said during in-House investigation—It’s not absolutely privileged

11/01/2007

When an employee alleges wrongdoing, you’ll need to conduct a thorough internal investigation. That may mean interviewing employees, supervisors and even customers. But be careful how much information you share with those you interview. If you indiscriminately discuss the comments of others who were interviewed, it may constitute defamation. Texas law only protects communications made in the course of a wrongdoing investigation if disclosure is limited to people who have a legitimate reason to know …

Misclassification yields million-Dollar settlement for janitors

11/01/2007

A federal judge recently gave final approval to a settlement of a wage-and-hour lawsuit involving 500 primarily Latino janitors in San Antonio, Dallas and Chicago. Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois approved a $1,138,000 settlement compensating workers who were employed through Contract Cleaning Maintenance Inc. …

12,000 EDS employees offered early retirement option

11/01/2007

Electronic Data Systems Corp. (EDS), based in Plano, announced that it would offer early retirement to 12,000 eligible U.S. employees. The technology systems management and services company, which has approximately 136,000 employees in 64 countries, is making the offer in order to reduce costs …

Houston firm to pay millions to settle criminal charges

11/01/2007

A subsidiary of a Houston-based energy firm has agreed to pay $15 million to resolve charges stemming from a 2004 pipeline explosion in Walnut Creek, CA, that killed five workers …

COBRA notice for new hires

11/01/2007

Q. What are our obligations under COBRA when we hire a new worker?—T.J. …

FLSA governs employment of minors

11/01/2007

Q. My company often receives applications in the summer months from teens looking for temporary jobs. Are there any requirements that I should be aware of before hiring a minor?—J.S. …

Who is the harasser? Supervisor or co-Worker status matters

11/01/2007

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior …

If new job stinks, requested transfer can be retaliation

10/01/2007

When an employee requests a transfer after complaining about alleged harassment, don’t jump at the opportunity—only to place him in an unpleasant new environment. Merely honoring a request to be moved isn’t a defense against a retaliation claim. That’s true even if you provide the same pay and don’t change benefits, seniority or any other aspect of the employment relationship …

Don’t rely on broad diagnosis: Assess disability individually

10/01/2007

Millions of Americans have diabetes, and millions more have it but don’t know it. But with new medications and careful diet, most diabetics can control their condition and lead largely normal lives. That has implications for how employers handle their ADA obligations …