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Texas

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

Safety first if you opt out of workers’ comp

04/13/2015

Employers that opt out the Texas workers’ compensation system may be liable for negligence and face potentially lengthy and complex litigation when an employee is hurt on the job. The best defense may be to follow all OSHA and state workplace safety rules.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

What are the penalties for bounced paychecks?

04/06/2015
Q. What happens if I miss a payday or my employees’ paychecks bounce when they attempt to deposit or cash them?

What’s the law on how often to pay?

03/10/2015
Q. As a new small business owner, I am unsure of the laws governing wage payment. Are there rules concerning how often I must pay my employees?

Are employees allowed to picket my business?

03/10/2015
Q. A supervisor recently told me that some of my employees are planning to picket outside one of my businesses. Apparently, the picketers plan to block the building’s two exits with their vehicles in addition to picketing. Is this lawful?

Can I refuse to hire union members?

03/10/2015
Q. I am considering hiring an applicant to work at my steel refinery. The only problem is that he is affiliated with a local trade union, and I am doing everything I can to keep my business union-free. Can I refuse to hire him for this reason?

Niederland contractors can’t paper over misclassification

03/10/2015
Specialty Painting & Wall Covering and M&S Enterprises, both in Nie­­der­­land, have paid 22 painters and drywall installers $108,783 in overtime back wages following a U.S. Labor Department Wage and Hour Divi­­sion investigation.

$14 million award for Texas victims of human trafficking

03/10/2015
Five foreign guest workers who wound up in Texas will share $14 million as victims of human trafficking. The decision offers lessons for any employer using guest workers.

Establish clear record of who made termination decision and why employee had to go

03/10/2015
Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.