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Texas

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?

What behavioral psychology has to do with unionization

11/15/2017

When employees consider whether to invite a union into the workplace to represent them, their choice may be guided by the psychology of decision-making. A recent book on the subject sheds light on how employers can respond to unionization efforts.

Was disability bias behind Lowe’s manager demotion?

11/15/2017

An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

Medical practice faces suit over compulsory Bible studies

11/15/2017

Lewisville, Texas-based Shepherd Healthcare is being sued by a woman who claims she was fired for refusing to participate in a daily Bible study at work.

Texas agencies may be immune to ADA claims

11/15/2017

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

Disciplining whistleblower? Beware retaliation charge

11/15/2017

If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

Lawsuit claims misclassification? It could become a costly class-action case

11/15/2017

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.