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Texas

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.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

Workweek isn’t based on consecutive days

07/31/2014

Under the FLSA, employees are entitled to overtime for hours worked over 40 in any workweek. However, the law doesn’t specify how a workweek is determined…

Don’t tolerate threats and angry behavior

07/31/2014
Sometimes, workplace relationships deteriorate beyond repair. That’s especially true if an employee resorts to angry outbursts or even threats. That’s when it’s time to act.

Foresee having to fire difficult employee? Track warnings and discipline for later use

07/10/2014

Sometimes, employees who sense they are skating on thin ice at work will decide they want to keep their jobs, improve their output and adjust their attitudes to comply with your expectations. And sometimes they won’t. Determine which path such an employee has chosen by tracking both work performance and behavior over time.

Can I prohibit employees from all smoking?

07/07/2014
Q. I despise cigarette smoking, and I want to restrict my employees from smoking as much as possible. To what extent can I do so?

What’s our risk of a sexual harassment suit?

07/07/2014
Q. The vice president of my company, whom I appointed, is really a nice guy, but he has propositioned many of the female employees on multiple occasions for sexual acts in his office. He has a great attitude towards the female employees who agree, but those who refuse have been recently discharged without my consent. Is this sexual harassment?