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Texas

You’re the boss! Staff doesn’t pick which rules to follow

03/07/2017
Employers get to set the workplace rules and, generally, employees have to follow them. As long as you can show you explained the rules to employees, they can’t later argue they didn’t know which rules applied to them.

Sudden business reversal means WARN Act notification requirements don’t apply

03/07/2017
The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

High pay alone has no effect on employees’ exempt/nonexempt FLSA status

03/07/2017
Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

Military-connected employees? It’s your duty to understand USERRA obligations

03/07/2017
USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

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.