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Texas

Don’t let pettiness fuel years of litigation

09/09/2015
Here’s an important lesson to impart to supervisors and managers: Petty fights and anger over perceived injustices that lead to resignations or termination may spur multiyear litigation and cost hundreds of thousands in legal fees, lost time and damage awards.

Use Deflategate’s lessons to get a grip on investigations

08/13/2015
The issues raised by this NFL controversy provide great lessons for those tasked with conducting an investigation in the workplace.

What are the ‘off-the-clock work’ trouble spots?

07/30/2015
Q. Some of my employees have been griping that a portion of their job duties involves “off-the-clock” work. What are the rules regarding off-the-clock work, and what are some examples?

When can we search employees’ lockers?

07/29/2015
Q. An alarming amount of cash and inventory has gone missing from my retail store. I have also smelled odor of illegal drugs in the store. Am I authorized to search employees’ lockers for cash, inventory and drugs?

When workers drive company vehicles, must we pay for travel time?

07/29/2015
Q. My nonexempt employees drive company vans from their homes to customers’ homes throughout the day. Am I required to pay employees for time they spend driving to customers’ homes or sitting in traffic?

How should we respond to the Texas open-carry law that goes into effect next year?

07/29/2015
Q. I keep hearing about the new Texas open-carry law. Does this law apply to all offices? What steps should I take if the new legislation has a negative impact on my business?

New challenge for Texas employers: Transgender employees’ restroom rights

07/29/2015

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels and toilet paper. Enter the new reality: Federal agencies and lesbian, gay, bisexual and transgender (LGBT) rights groups are contending that transgender employees should be given the right to choose between restrooms having an “M” or a “W” on the door.

David beat Goliath, employers sometimes beat the DOL!

07/29/2015
A Texas company has been awarded attorneys’ fees as compensation for aggressive DOL tactics.

Unspecified commission? Jury decides who to believe

07/29/2015
For jobs based on written employment contracts, what the agreement says typically governs all the terms and conditions of employment. If something is unclear or unstated, what the parties do later likely will influence eventual judicial interpretation.

School boards have wide latitude to terminate teachers for financial reasons

07/29/2015
A Texas appellate court has upheld the discharge of a teacher for financial reasons. The case shows school districts have great discretion to determine which employees to cut and don’t have to be bogged down in a detailed examination.