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Texas

Court recognizes a new kind of claim: Retaliatory hostile environment

01/03/2018

Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.

Houston union settles EEOC race bias claims for $30,000

12/06/2017

Local 100 of the United Labor Unions, a multi-state service workers’ union, has agreed to settle charges it discriminated against two black organizers when it fired them for allegedly not meeting recruiting goals.

Principal sues Houston schools for race, age discrimination

12/06/2017

A renowned Houston high school principal who was suspended with pay in September has filed a race and age discrimination lawsuit against the Houston Independent School District.

Assignment scope determines background checker liability

12/06/2017

If you run background checks before hiring, the information you request may limit liability for the investigating firm you use.

Jury gets to decide: Did she quit or was she fired?

12/06/2017

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

ADA interactive accommodations process not required—if employee isn’t disabled

12/06/2017

Employers are supposed to engage with disabled workers and applicants in the ADA’s interactive accommodations process in order to arrive at reasonable accommodations. But what if the employer refuses—and it turns out the employee wasn’t actually disabled?

Track hours worked … unless you want court to

12/06/2017

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.

Kingwood, Texas firm digs in heels over unpaid OT, faces suit

12/06/2017

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

Workflex in the 21st Century Act may modernize ERISA

11/22/2017

New legislation would allow employers to create an ERISA plan, known as a qualified flexible workplace arrangement plan, as a way to offer employees a combination of guaranteed paid leave and increased work flexibility options. 

Press for as much detail as possible when employee files harassment complaint

11/22/2017

For most complaints, you receive enough background to launch an investigation. But what should you do if the employee reporting the harassment doesn’t want to provide details or even basic information like who the alleged harasser is?