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Texas

Courts reluctant to make losing employees pay for employers’ legal fees

01/05/2015

It can be frustrating to have to defend your organization against what you consider frivolous claims. Unfortunately, that’s just another cost of doing business. As the following case shows, even when you win the case and thought it should never have been filed, you probably won’t persuade a court to penalize the employee by having him pay your legal fees.

Discrimination based on transgender status still not illegal in Texas

01/05/2015

While there is growing acceptance of same-sex marriage and homosexuality in the United States, being transgender is still not a protected status under federal law. That may be changing in the coming years, but there is as yet nothing preventing a Texas employer from discriminating against a transgender applicant or employee, as the following case shows.

Austin rates as one of best cities for LGBT rights

01/05/2015
Austin scored a perfect 100 in the Human Rights Campaign’s annual rankings of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

What’s the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?

What restrictions limit child labor?

12/24/2014
Q. One of my employees asked if her 15-year-old son could work for my business. Under Texas law, in which occupations may teenagers be employed?

Can a friend or relative pick up a paycheck?

12/24/2014
Q. Some of the employees in my company’s Texas office have inquired about alternative payment delivery options. Among other things, they have asked if they may have a friend or relative come to the office to pick up their paychecks. Is this permissible?

Insubordination is grounds for denying unemployment

12/24/2014
Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.

Beware rogue bosses with ulterior motives

12/24/2014
Sometimes, a supervisor harbors prejudices that aren’t obvious. Always investigate before firing an employee who claims she’s in trouble because of her boss’s biases. If ­others agree there is a problem, you had better pay attention.