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Texas

One worksite or more? It matters for WARN

03/07/2017
The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

FMLA: You can require fitness-for-duty proof

03/07/2017
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Watch your language: Texas court addresses wording of noncompetes

02/07/2017
Since courts analyze noncompetes under standard contract interpretation principles, the language beyond the exchange of consideration can also be critical to the enforceability of an agreement.

Huntsville, Texas Christian camp sued for bias, ADA violations

02/07/2017
Carolina Creek Christian Camp in Huntsville, Texas faces an EEOC lawsuit alleging it retaliated against an employee for asserting her rights.

Houston club to pay $140k for manager’s ADA mistake

02/07/2017
Diallo’s, a Houston nightclub and party venue, has agreed to pay $139,366 to resolve charges it violated the ADA.

Texas Supreme Court to decide Houston same-sex benefits

02/07/2017
In an about-face, the Texas Supreme Court has decided to hear a case challenging the city of Houston’s policy of providing benefits to same-sex spouses that are equal to those available to opposite-sex spouses.

Ensure application process is absolutely clear

02/07/2017
Make it crystal clear how candidates should apply for jobs.

Go ahead and fix flawed system–that’s not an admission of discrimination

02/07/2017
Employers should improve their hiring and promotion systems if they discover problems that can be fixed. Doing so after an employee has filed a discrimination complaint isn’t tantamount to admitting guilt.

5th Circuit: ADEA doesn’t allow damages for pain and suffering

02/07/2017
The 5th Circuit Court of Appeals has concluded that employees cannot obtain “pain and suffering” awards from employers that violate the Age Discrimination in Employment Act.

Sued by nonexempts eligible for bonuses? Get out your calculator and checkbook

02/07/2017
All the math adds up to one conclusion: Employers better get their pay systems right.