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Texas

Texas Child Labor Act

01/15/2007

Under the Texas Child Labor Act, it’s illegal for employers to hire children under 14 years of age except in certain situations …

Courts reshaping the definition of ‘Retaliation’

01/01/2007

Last summer, the U.S. Supreme Court drafted a broad new legal standard for judging whether a company retaliated against an employee for complaining about discrimination. Now, the lower courts are starting to define what that standard means …

Opting out of workers’ comp? Sky’s the limit on lawsuits

01/01/2007

Texas law doesn’t require employers to carry workers’ compensation insurance, but those who don’t may find the cost far higher than the insurance premiums …

Beware age discrimination risk when offering promotions

01/01/2007

If you don’t ensure that clearly qualified, post age-40 employees aren’t seriously considered for promotions, you could be risking an expensive lawsuit under the federal Age Discrimination in Employment Act …

College degree doesn’t automatically make applicant the better qualified candidate

01/01/2007

In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …

Even lost opportunity for overtime may be considered illegal retaliation

01/01/2007

After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

In layoffs, keep FMLA leave out of performance rankings

01/01/2007

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision …

Whistle-Blower claims can be forced into arbitration

01/01/2007

Texas law makes it illegal to discipline health care workers for reporting wrongdoing to authorities. But when such employees feel they’ve been retaliated against for blowing the whistle, they can’t automatically run to court …

Texas workers more confident, which may lead to turnover

01/01/2007

Texas workers are becoming more confident in their ability to find a new job, according to the Spherion Employment Report, a monthly survey conducted by Harris Interactive on behalf of Spherion Corp. …

Employees Can Sue to Rescind Early-Retirement Offers

01/01/2007

A federal district court judge in Texas recently ruled that an employee may proceed with a lawsuit claiming that he was entitled to rescind his early retirement because his employer misrepresented his pension benefits …