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Texas

How far can I go to ban guns at work?

07/31/2014
Q. As the owner of a Texas company, I want to institute a policy that strictly forbids employees from bringing guns to work—both into the office building and in the parking lot outside. Can I legally draft such a policy?

What employee thresholds trigger need for notification of plant closings?

07/31/2014
Q. I am the owner of several industrial facilities, but recent financial crises have forced me to have to shut down two of these plants. These closings and subsequent layoffs will affect about 600 employees. Am I re­­quired to notify the employees before laying them off?

Policies can protect you from liability for employee torts

07/31/2014
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases—if they have implemented the appropriate policies.

Electrical company’s strong-arm tactics shocking

07/31/2014
Corpus Christi-based Nueces Elec­­tri­­cal Co-Op has agreed to pay a former employee $46,920 in back pay and damages after it forced him to retire and tap his 401(k) retirement fund instead of granting him FMLA leave.

Parkland execs’ bonuses go to low-wage staff

07/31/2014
Dallas-based Parkland Health and Hospital System cut its executives bonuses this year, but not because the head honchos performed poorly. The system’s governing body decided the money was better spent raising the pay of the system’s lowest-earning employees instead.

Fort Worth rehab center settles disability bias suit

07/31/2014
The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.

Four Dallas restaurants settle DOL wage disputes

07/31/2014
Workers at four Dallas-area restaurants will receive more than $188,000 following a U.S. Depart­­ment of Labor Wage and Hour Divi­­sion (WHD) investigation. The restaurants—Yes Buffet in Grand Prairie, Royal Buf­­fet in Rowlett and Crown Buffet and Win Chi­­nese Buffet in Dallas—underpaid 61 employees.

Employee must address ADA, FMLA thresholds up front

07/31/2014
Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

Courts zapping frivolous litigants with sanctions

07/31/2014
Frivo­­lous lawsuits can take up lots of time and cost thousands of dollars in legal fees before it’s all over. Fortunately, courts are becoming more willing to punish truly frivolous lawsuits and the employees who bring them.

No need to establish absolute proof before terminating alleged harasser

07/31/2014
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.