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Texas

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.

Beware triple whammy after FLSA retaliation

02/07/2017
Employers that retaliate against employees who file Fair Labor Standards Act claims don’t just face the prospect of owing back pay, plus double that amount in liquidated damages. They also potentially face a damage award for emotional distress.

Badgering older employee to retire backfires

02/07/2017
Constant badgering about retirement can backfire badly, especially if a supervisor also makes potentially ageist comments about the employee’s appearance, work habits or other characteristics.

Jury backs worker on progressive discipline

01/17/2017
A case we covered last month—see “Consistently apply progressive discipline” in the January 2017 issue of Texas Employment Law—has now gone to trial.

EEOC sues trucking firm, claiming ADA violations

12/29/2016
Stevens Transport, one of the nation’s largest refrigerated truck lines, faces charges it violated the ADA when it refused to hire an Air Force veteran with bipolar disorder who applied for a driving position.

Work fatality rate falls, even as numbers go up

12/29/2016
The Bureau of Labor Statistics has released its Census of Workplace Fatal Injuries for 2015.

Court won’t budge on 45-day bias claim deadline

12/29/2016
Federal employees have just 45 days to file a complaint about discrimination in the workplace.

You’re not expected to be an FMLA mind-reader

12/29/2016
Merely mentioning an illness isn’t the same as requesting FMLA leave.