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Texas

Arbitration agreements may have to go to court first

12/04/2018
Because arbitration agreements are contracts, there are still preliminary questions to be resolved, such as whether an agreement was written in a way that binds both parties. That can mean a preliminary court battle.

Employee’s decision to file lawsuit in justice court may backfire

12/04/2018
A worker can’t add additional claims to her case on appeal that go over the dollar limit for justice court cases.

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Be sure to document reasons that led to your decision to terminate

12/04/2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Equal Pay Act: Better explain any unequal pay

12/04/2018
Watch out when offering a new hire more money than someone currently holding the same job. If the incumbent is of the opposite sex, you had better have solid documentation explaining exactly why the newcomer deserved more money.

Yes, minorities are capable of discrimination

12/04/2018
Discrimination isn’t always about a majority group disfavoring a member of a minority group. Sometimes, that scenario is reversed. And other times, one minority member may favor members of her own minority over another minority.

Cuellar’s aide claims she was fired for being pregnant

12/04/2018
A former aide to Texas Rep. Henry Cuellar claims the congressman violated the Pregnancy Discrimination Act when he terminated her during the third trimester of her pregnancy.

One year later, what employers can do to address #MeToo

11/13/2018
#MeToo and concern over sexual harassment in the workplace continues to be a hot topic. To protect your organization, consider taking these actions.

Minor benefits discrepancies can trigger EPA lawsuit

11/13/2018
Make sure all employees receive the same benefits if they perform jobs re­­­quiring the same skill, effort and respon­­­sibility. If men and women doing comparable work are treated differently, that may be an Equal Pay Act violation.

Anti-discrimination laws protect contractors, too

11/13/2018
Employers that use independent contractors must make sure their assignments aren’t racially discriminatory.