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Texas

Tell employee that she’s nearing FMLA eligibility

07/15/2015
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Settlement agreement may not kill OT claims

07/15/2015
The 5th Circuit Court of Appeals has ruled that settling a state court lawsuit over a noncompete agreement (with a payment and an agreement that supposedly included all employment claims) didn’t bar the former employees from suing for unpaid overtime that they claimed was owed to them under the Fair Labor Standards Act.

Questionable conduct? End it and move on

07/15/2015
Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

Speaking up at staff meeting generally not protected by the First Amendment

06/24/2015
Public employees have the right to free speech and can’t be punished for exercising it. But that doesn’t mean they can say anything, anywhere. The exercise of free speech must concern a matter of public importance and not be done as part of the employee’s job.

It’s legal to use different disciplinary standards for probationary employees

06/24/2015

No doubt you have been warned many times that the best way to avoid discrimination lawsuits involving discipline is to treat everyone alike. The assumption is that by always being fair and punishing the same behavior, rule violation or poor performance the same, no one can argue that they were demoted, suspended or fired because of their protected status. But there is a situation in which you can—and probably should—treat some employees more strictly as a class.

OK to call employee who is on FMLA leave–just keep the conversation short and sweet

06/03/2015

Employees out on FMLA leave are supposed to be freed of their regular work responsibilities. They are on leave, after all. Some supervisors have taken this to mean that they may never call an employee who is out on FMLA leave to discuss work-related matters. That’s not entirely true.

What kinds of wellness programs exist?

05/29/2015
Q. What should I look for in a workplace wellness program for our company?

How could pre-employment test be discriminatory?

05/29/2015
Q. I am looking to hire new employees. Some applicants who did not qualify for the open positions are now threatening to sue, claiming that my pre-employment tests are discriminatory. What should I know about pre-employment tests?

Texas Supreme Court: Opposing merely inappropriate acts not protected

05/29/2015
The Supreme Court of Texas has decided a case brought under Texas law that will help employers defend themselves against retaliation claims.

DOL touts efforts enforcing FLSA in Texas oil fields

05/29/2015
The U.S. Department of Labor claims a recent enforcement initiative in the oil fields of West Texas and Eastern New Mexico has resulted in workers recovering $1.3 million in lost wages. The DOL Wage and Hour Division oil and gas initiative began in late 2014.