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Texas

Texas city provides lesson on background checks

08/01/2006

When the Grand Prairie parks department hired Damon Bryan as a maintenance worker, it asked him about his criminal background. Bryan told them he had a conviction for aggravated assault, but he left out the type of assault. He had been convicted of sexually assaulting a 12-year-old girl …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

You can require reservists to arbitrate USERRA claims

08/01/2006

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren’t without limits …

Employees’ Seniority Trumps Disabled Co-Workers’ ADA Rights

07/01/2006

If you award first choice of promotions, shifts, vacation slots and other perks based on employees’ seniority, you’ll face a dilemma if a disabled employee requests an ADA accommodation that conflicts with that policy …

Placing Employee on ‘Involuntary’ FMLA Leave Is Perfectly Legal

07/01/2006

When an employee calls in sick with an apparently serious ailment, you can place that employee on FMLA leave, even if he or she never asks. f you reasonably believe she has a serious health condition, you can start the 12-week FMLA-leave clock ticking …

Professional exemption limited when applied to medical staff

06/01/2006

Don’t assume that medical employees with advanced training and licenses meet the FLSA’s "learned profession" exemption, which allows employers to pay lawyers and doctors by the hour and still not pay them …

More reason to beef up training: ‘Quit and sue’ becoming the norm

04/01/2006

Don’t assume that you can handle sexual harassment issues after they arrive on your desk as a complaint. The trend these days seems to be "quit and sue," rather than giving employers a chance to fix the problem. And, in many cases, employees are finding success in such tactics …

Keep ‘Customer Preference’ Out of Your Hiring Criteria

02/01/2006

Make sure your hiring managers understand that basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Applicants’ race, age, sex or religion should always be irrelevant. Courts won’t be swayed by claims that customer preferences forced your hiring hand …

Drug testing is perfectly legal … if done properly

10/01/2005

Q. I have an employee who says that our drug-testing program is a violation of his constitutional rights. What can I tell him (or show him) to prove that we’re well within the law? —S.H., Texas

Apply dress code evenly among sexes, within reason

08/01/2005

Q. Our company manufactures plastic tubing. Our general manager is requesting that men not wear sleeveless or tank-top shirts, due to sweat and appearance. He said women can wear them as long as their shirts are seamed. Is this legal? —C.M., Texas