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Texas

He said, they said: No records puts employer in a messy place

06/20/2024

Lawsuits for unpaid overtime aren’t always so cut-and-dried. They can come in layers, with each layer costing you more. The 5th Circuit ruled that an employer could be liable for unpaid overtime if it misclassified workers as independent contractors, even though the workers had scant evidence of their unpaid overtime.

No, you can’t use high medical costs as an excuse to terminate a sick worker

05/13/2024

A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

Federal court says technicality makes PWFA unconstitutional

04/05/2024

A federal trial court in Texas has dealt a blow to the Pregnant Workers Fairness Act, ruling on a technicality that the federal law requiring most employers to reasonably accommodate pregnancy-related limitations is unconstitutional.

NLRB joint-employer rule blocked from taking effect

03/18/2024

A federal judge in Texas has vacated the National Labor Relations Board’s new joint-employer rule, calling it “arbitrary and capricious.”

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024

Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.

Small employers in EEOC’s crosshairs: Ensure owners understand age-bias rules

03/08/2024

If you’re an HR professional working for a small business, make sure all employees—including senior executives and the company’s owner—understand they can’t discriminate against older workers or harass them because of their age. The EEOC expects HR pros to speak truth to power by educating everyone on acceptable behavior.

PWFA enforcement halted in Texas

03/04/2024

A federal judge has ordered the federal government not to enforce the Pregnant Workers Fairness Act in Texas after the state government filed a lawsuit contesting how the law was passed.

Lessen liability by quickly addressing sexual harassment

02/23/2024

Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Get written acknowledgment for every missed shift

02/02/2024

Employers that have clear rules and apply them fairly seldom lose termination lawsuits—if they can prove their employees understood the rules. One of the best ways to demonstrate that is by consistently having workers acknowledge that they broke a rule. Do this at the time you discipline the worker, pointing out what rule they broke. A brief written disciplinary notice with a space for the employee’s signature should to the trick.

Develop a process for extending FMLA leave

01/26/2024

Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.