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Texas

DACA overturned, current permit holders can remain

07/29/2021

A federal court has ruled that the federal government’s Deferred Action for Childhood Arrivals program was established illegally. If you employ people who hold DACA work permits, the ruling could affect your staff members.

Manage FLSA basics: minimum wage and OT

07/29/2021

Managing a restaurant is tough these days. Staffing is next to impossible. Wages are rising. New covid-19 safety rules have added layers of extra costs. Those are just the new complications. But all the old requirements remain, too, such as complying with the wage-deduction and overtime rules covered by the Fair Labor Standards Act.

Poor time records? Court will believe workers

07/15/2021

Sloppy or incomplete payroll records will doom you in any disputes over employees’ pay. As this new ruling shows, if your organization fails to show detailed records or policies—especially about disputed off-the-clock work—the court will use your employees’ estimates of their work hours to determine your liability.

Supreme Court won’t hear racial slur case

06/01/2021

Can employers be liable for the single use of an offensive word? A disgruntled employee wanted the U.S. Supreme Court to rule on that question, but justices on May 17 declined to take his case.

Cost of denying pregnancy leave: $146,000

05/27/2021

When an employee has pregnancy complications that might delay her return to work, consider offering additional leave. In addition to the FMLA, the Pregnancy Discrimination Act may compel employers to accommodate pregnant employees by granting time off.

ADA: You can make attendance ‘essential’

04/15/2021

Some employers require timely and regular attendance as an essential job function. However, the ADA imposes limits on those expectations, requiring reasonable accommodations of some absences. Key word: Some.

Ensure young supervisors understand risk of age bias

04/08/2021

When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

EEOC lawsuits take aim at pregnancy bias in hiring

02/03/2021

There has never been a better time to remind hiring managers that they may not discriminate against pregnant job applicants. The EEOC has made enforcement of the Pregnancy Discrimination Act a priority. Two recent cases show how seriously the EEOC takes this issue.

Workers might soon find it harder to file class actions

01/28/2021

It just became a lot harder to certify a class for a Fair Labor Standards Act lawsuit—at least in states covered by the 5th Circuit Court of Appeals.

EPA: Employer must prove pay bias didn’t relate to sex

01/21/2021

Some employers assume that employees who sue under the Equal Pay Act must prove that sex caused the disparity. That’s backwards. Courts want employers to prove the reason for the disparity was something other than sex.