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Texas

Double-check date of EEOC complaints: Employees have just 300 days to file

11/13/2018
Workers often start the litigation process on their own by filing a complaint with the EEOC. Carefully check the date on every EEOC complaint form to see if it’s possible to get a case tossed out because it wasn’t filed in time.

Feel free to consider past discipline when rehiring staff you previously laid off

11/13/2018
When workers apply for other, open positions that they’re at least marginally qualified for, their past disciplinary history may be a good reason to not rehire them.

ADA: Permanent part-time work not reasonable

11/13/2018
Employers aren’t required to create new positions as reasonable accommodations for disabled workers, or farm out so much work to co-workers that the job becomes part-time.

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Nix nixed light duty for pregnant employee

11/13/2018
Nix Health, a hospital in San Antonio, faces charges it violated the Preg­nancy Discrimination Act when it refused a pregnant worker’s request for a light-duty assignment.

USERRA requires reinstatement, with benefits

11/01/2018
A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.

Clearly document the rationale for disciplinary decisions you make

10/22/2018
Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

DOL weighs in: Pay for participating in wellness activities?

10/09/2018
More and more employers are providing various wellness incentives as part of their medical insurance plans to promote healthier lifestyles and choices. A new opinion letter addressed whether employees should be paid when they participate in certain activities.

Excavator will have to dig deep to pay for safety lapses

10/09/2018
El Paso Underground Construction has been cited for failing to protect its employees from trench-collapse hazards.

Payroll deductions create overtime violations for Conn’s

10/09/2018
Conn’s Appliances, based in The Woodlands, Texas, learned the hard way that payroll deductions often have unintended consequences.