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Texas

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Is ‘stress’ an FMLA serious condition?

05/01/2014
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Is the government moving to address restrictions on employee discussion of wages?

05/01/2014
Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?

How to regulate employee use of personal tech

05/01/2014
It’s hard for even the most sophisticated of companies to deal with all the risks of instant communications and increased access via personal and company-owned tech devices.

Supreme Court rules severance payments taxable

05/01/2014

The U.S. Supreme Court has resolved a split among circuit courts with a late-March ruling that employer severance payments to employees are FICA-taxable as wages. Employers must, therefore, remit their portion of Federal Insurance Contri­­bu­­tions Act (FICA) withholding taxes for those payments.

Texas town loses final appeal on immigration statute

05/01/2014
The U.S. Supreme Court refused to hear appeals of rulings that declared two of the nation’s most far-reaching anti-­immigrant statutes unconstitutional. The towns of Farmer’s Branch, Texas, and Hazleton, Pa., had adopted ordinances punishing landlords who rented to “illegal immigrants.” The Hazle­­ton ordinance also targeted employers that hired illegals.

McAllen, TX moves to put harassment case behind it

05/01/2014
The city of McAllen seems to be turning a page with the departure of an assistant city manager. The official had previously filed a sexual harassment complaint against a former city manager who retired in March.

AA Foundry drops appeal of EEOC harassment case

05/01/2014
A San Antonio ironworks has decided to drop its two-year-old fight with the EEOC over allegations that it harassed black workers.

Never link absences to employee’s disabled relative

05/01/2014
Here’s an easy way to avoid unnecessary litigation: If you are disciplining an employee for missing too much work, don’t tie absences to a disabled relative’s condition. If you do, you may end up losing an association discrimination case.

Don’t try to recoup overpayments in FLSA suit

05/01/2014
Some employers end up overpaying for time worked when, for example, employees continue to draw a paycheck while home on some sort of leave. But if you happen to face an FLSA lawsuit over unpaid overtime, don’t expect the court to let you credit those overpayments when it’s time to compensate unpaid overtime hours.