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Texas

Excluding women isn’t an acceptable sexual harassment-prevention strategy

06/02/2016
Employers are obligated to provide a work environment free of sexual harassment. They can’t satisfy that responsibility by segregating the workforce by gender, even if doing so would certainly prevent harassment.

Keep careful records of all efforts to accommodate disability under the ADA

06/02/2016
If you have provided a reasonable accommodation for an employee who has a disability, make sure you document any subsequent changes to that accommodation.

Was it forced retirement or just a resignation?

06/02/2016
An employee facing the prospect of being demoted, transferred or having to take on new duties may consider retiring instead.

‘No commission’ ad doesn’t destroy exemption

06/02/2016
A recent court decision is good news for employers of commissioned, exempt salespeople that also imply in their advertising that the salespeople don’t work on commission.

Key to beating bias suits: Consistent discipline

05/03/2016
Make sure you equally and consistently punish all employees who break the same rules.

New procedures signal OSHA crack down on unreported injuries

04/28/2016
The Occu­pational Safety and Health Administration has  issued new procedures for enforcing revised injury and illness reporting requirements.

Austin ‘bans the box,’ limiting criminal history inquiries

04/28/2016
The law, which took effect April 3, prohibits covered employers from asking about a potential employee’s criminal background before making an employment offer.

Halting internal probe pending EEOC action isn’t retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

No free speech protection when speaking out is just part of government worker’s job

04/28/2016
Unlike employees in the private sector, government workers have the right to speak out on matters of public importance without being punished for doing so.

Prove good faith on ADA accommodations by tracking response to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.