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Texas

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.

Use consistent interview questions to ensure fairness in hiring and promotions

04/07/2014
Here’s another reason to create a fair, impartial and consistent interview process: Your ultimate decision on who is hired or promoted is more likely to withstand legal scrutiny if you can show that each candidate interviewed faced the same questions and that each candidate’s performance was assessed by more than one interviewer.

Same job, new office? That’s not retaliation

04/07/2014
While a real adverse employment action may trigger a retaliation claim, many minor changes aren’t truly adverse. For example, moving an employee to a different office without changing anything substantial about his job probably isn’t retaliation.

Never hesitate to make legit rule changes

03/17/2014
Have you found that some of your disciplinary rules are too lenient? Don’t hold back on stiffening your rules just because you fear the first employees subject to harsher penalties might sue you.

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014
Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Can we ask applicant for his social media log-in info and password?

02/28/2014
Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

Which arbitration clauses will Texas courts find unconscionable?

02/28/2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the past few terms, the Supreme Court of the United States has issued several decisions upholding their use.

EEOC challenges gender bias at Irving transportation firm

02/28/2014
The EEOC has filed suit against NFI Roadrail and NFI Industries as a result of a pay disparity at its Irving facility. According to the complaint, the company pays men significantly more than women who perform the same work.

Appeals court sides with older Austin police officers

02/28/2014
A state appeals court has upheld a jury verdict awarding damages to a group that included about a dozen city marshals and police officers who had previously worked for the city’s park and airport police departments. The group demonstrated in court that the city’s consolidation of these departments resulted in a pay disparity between officers over age 40 and younger officers.

Military opens door to religious accommodation

02/28/2014
The Pentagon has indicated it will give troop commanders some flexibility in allowing religious-based exceptions to the military’s appearance requirements. Most notably, Sikhs, Muslims and Jews will now have an avenue to receive permission to wear beards and religious headwear.