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Texas

Huntsville, Texas camp settles pregnancy bias, ADA suit

07/12/2017
Carolina Creek Christian Camp in Huntsville has agreed to pay $70,000 to settle a pregnancy and disability discrimination lawsuit filed by the EEOC on behalf of a former employee.

States crack down on use of workers’ biometric data

07/12/2017
Do you collect biometric data on your employees? If so, be aware that more states are regulating how you collect, store and disseminate the sensitive information.

Monitor malpractice claims to collect any reimbursement

07/12/2017
Employers with self-insured health plans should carefully monitor whether employees or their dependents using those health benefits end up suing a provider for malpractice.

Changing nature of work affects seaman classification

07/12/2017
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.

Several great candidates is a good problem!

07/12/2017
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

Top 10 employment application mistakes employers make

06/13/2017

Employment applications may seem innocuous, but they contain a number of minefields of which employers should be aware. In general, avoid asking applicants questions that elicit information that cannot be considered when making a hiring decision.