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Texas

Do the right thing, still get sued

01/04/2016
Here’s a reminder that even doing the right thing can mean a lawsuit.

Contradictory reasons for firing can backfire

01/04/2016
Before you decide to terminate em­­ployees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.

Worker classification: Salary is just one factor that determines exempt status

01/04/2016
Don’t make the mistake of thinking that just because an employee is paid a salary, he or she is exempt. The employer must also show that the worker performed exempt work under one of the several exemptions available under the Fair Labor Standards Act.

Resignation announced, then a change of heart: Can refusing to allow return be retaliation?

01/04/2016
Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse em­­ployment action and retaliation for engaging in protected activity?

FMLA leave may be ADA accommodation

01/04/2016

Here’s something to remember when an employee claims she has a disability that interferes with her ability to work overtime or even a full day. You can offer intermittent FMLA leave as a reasonable accommodation rather than restructuring the job or transferring the employee to another open position. Remember, the employer, not the employee, gets to pick the ADA accommodation.

New Texas gun legislation has implications for employers

01/04/2016
Texas Gov. Greg Abbott signed two pieces of legislation into law recently, regulating where and how Texans may carry firearms. As of Jan. 1, licensed gun owners may carry holstered handguns anywhere that concealed handguns are per­mitted—with some exceptions.

Internal complaint not enough: Whistle-blowers must file report with police

12/31/2015
Texas government employees who blow the whistle on their employers are protected from retaliation. But it takes more than just voicing an internal complaint or even cooperating in an audit to make a claim of whistle-blower retaliation stick.

Holiday pay: Must we pay employees extra for working during certain holidays?

12/07/2015
Q. We need some of our employees to work during the holidays. Are we required to pay them extra for those days?

What are the rules on employing tweens?

12/07/2015
Q. We hired a 17-year-old student, and now her 14-year-old brother is seeking employment with us. Are there any additional considerations for employing someone so young?

Case in point: How to handle tip-pooling arrangements in Texas

12/07/2015

You may have heard that the Department of Labor has been focusing some of its enforcement efforts on low-wage service industries, particularly restaurants and fast- food outlets. That’s true. But federal courts are also stepping in to ensure that low-wage employees get every penny they are entitled to. That’s what recently happened when the 5th Circuit Court of Appeals ruled in a tip-pooling case that the employee who makes coffee in the back (the barista) should not be participating in the restaurant’s tip pool.