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Texas

Beware assigning nonexempt tasks to exempt employees

10/09/2018
Do you require exempt employees to pitch in and perform nonexempt tasks when the need arises? If those tasks are clearly outside their normal duties, this may net you an unpaid overtime claim.

It’s your responsibility to keep accurate time records

10/09/2018
Ensure that the method you use to track hours and calculate overtime is easily defensible and accurate. Under the Fair Labor Standards Act, it is your responsibility to make sure all time is accounted for.

When fired employee complains to EEOC, be sure to monitor all subsequent filings

10/09/2018
Employees who expect to be disciplined or fired sometimes go on the offensive by filing an EEOC complaint. You shouldn’t be intimidated—as long as you are convinced the discipline is legitimate and you have clear documentation of poor performance or misbehavior.

Before you fire, audit past practices to ensure there’s no pattern of bias

10/09/2018
If a supervisor recommends firing an employee for inappropriate conduct or other disciplinary reasons, conduct a quick audit of past discharges before pulling the termination trigger.

UT pays $600,000 to settle coach’s race & sex bias suit

10/09/2018
A race and gender discrimination lawsuit against the University of Texas that lasted five years has been settled for $600,000.

Alcoholism as a disability: No need to upend all processes to accommodate it

10/09/2018
Not all disabilities can be accommodated, and employers have the right to refuse some accommodation requests that simply aren’t reasonable or feasible.

How to handle requests for religious time off

10/09/2018
It’s perfectly legitimate to require employees to request religious leave well in advance. If you have a process to ask for time off for other kinds of leave, use it for handling requests for religious leave, too.

Disability is no excuse for poor performance

09/17/2018
Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

San Antonio paid leave ordinance takes effect next year

09/13/2018
The San Antonio City Council has adopted an ordinance requiring all San Antonio employers to provide paid time off for employees to attend to their own and their family members’ health needs.

Murphy Oil will funnel $100,000 to former manager

09/13/2018
A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.