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Texas

Contractor not liable for city worker’s injury

09/29/2016
A contractor hired to perform work for a city isn’t responsible for an injured government employee whose work it did not control.

Use documentation of past violations to justify harsh discipline

09/29/2016
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Rejecting candidates, then leaving positions unfilled can trigger discrimination claims

09/29/2016
If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.

There are pay suits and discrimination suits, but they’re not necessarily the same

09/29/2016
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.

New worker is older, too? That’s not age bias

09/29/2016
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Can we require e-pay in Texas?

09/06/2016
Q. Can a Texas employer require its employees to accept payment of wages through an electronic transfer of funds?

If we feed employees, do we have to pay them for working through lunch?

09/06/2016
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch breaks. Although we do not pay them for this work, we buy delicious lunches for all the affected workers. Is this lawful?

New rules for recruiting foreign workers

09/06/2016
The Office of Foreign Labor Certification is expected to publish new regulations aiming to modernize the U.S. Department of Labor’s electronic permanent labor certification system.

Ex-employee files race bias complaint against Baylor, Texas, med

09/06/2016
A former employee of Baylor Scott & White Health, which owns hospitals throughout North and Central Texas, is suing the company, alleging that her September 2014 firing was discriminatory.