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Texas

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.

What are the rules for intermittent FMLA leave?

04/07/2014
Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?

What are the basic rules for conducting background checks that pass legal muster?

04/07/2014
Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?

Confidentiality promise broken? Don’t count on getting money back

04/07/2014
You may have read the recent headlines about a Facebook posting that unraveled a confidential settlement agreement between a prep school employee and the school. The employee’s daughter took to Facebook to brag that the family was planning a European vacation courtesy of the settlement …

Brownsville answers ADA suit in case of fired police officer

04/07/2014
The city of Brownsville has filed its answer to a former police officer’s suit alleging the city violated the ADA when it fired her shortly after discovering she suffered from Sjogren’s syndrome, which causes headaches, dry eyes and joint pain and swelling.

Disabled waitress sues after Houston restaurant raises bar

04/07/2014
Nick’s Restaurant and Sports Bar in Houston faces an EEOC lawsuit after it allegedly stopped accommodating a disabled em­­ployee with dwarfism.

Not every work dispute is a ‘federal case’

04/07/2014
Federal courts are beginning to be more selective in the types of employment discrimination cases they consider. No longer can employees essentially “make a federal case” out of any workplace dispute.

Don’t let lawsuit fear stop appropriate discipline

04/07/2014
Some employers want to avoid litigation and don’t like to discipline someone they are sure will sue. That can be a mistake, especially if the employee in question is harassing or discriminating against others.

Comments don’t always have to be overtly sexual to create hostile environment

04/07/2014
When a supervisor constantly ridicules an employee, watch out. The worker may have a hostile work environment claim if she can tie the demeaning comments to just one or two overtly sexual ones.

Know the FLSA’s requirements: Small, local employers may well have to comply

04/07/2014

Very small employers that aren’t engaged in interstate commerce sometimes try to argue that they don’t need to follow the FLSA because they are simply too local. But they often run into legal hurdles when employees sue, as this recent case shows.