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Texas

Sure it was harassment, but it didn’t last long! A little hostility still means big liability

01/07/2014
Think you have plenty of time to investigate sexual harassment complaints? Think again. The fact is that even a few days of unresolved sexual harassment can become the basis for a lawsuit. Act ­­immediately to stop harassment or face the ­consequences.

Houston docs cough up $17K for FMLA violations

01/07/2014
The Houston-based Houston Ear, Nose & Throat Clinic will pay a former employee $17,390 after it failed to reinstate her to an equivalent position following FMLA leave.

Beware offering FMLA instead of workers’ comp

01/07/2014
Some Texas employers try to discourage employees from taking workers’ compensation leave when they suffer an injury. Instead, they encourage employees to use FMLA and accrued vacation and other leave. Always make sure employees volunteer to make that choice.

‘Current’ drug users may not be disabled

01/07/2014
Can employers fire drug addicts? Or are they disabled and protected under the ADA and the Texas Commission on Human Rights Act (TCHRA)? That depends on individual circumstances and the definition of “current” addiction.

OK to discipline worker who has complained, but be sure you can justify your decision

12/17/2013
Courts don’t want to tie management’s hands; they just want to protect employees from genuine retaliation. That’s why the standard for retaliation is anything that would dissuade a reasonable worker from complaining in the first place. Most minor discipline doesn’t reach that level.

Union president in Longview sentenced for embezzlement

12/16/2013
A federal judge has sentenced the former president of GMP Allied Workers Local 284 to 12 months and one day in prison after he pleaded guilty to embezzlement charges. The union official admitted taking $124,181 from the Longview-based local between 2000 and 2011.

5th Circuit adds confusion to OT in misclassification cases

12/02/2013
It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Texas sues EEOC over background check guidelines

12/02/2013

The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013
In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

Stormy weather: How to pay when Old Man Winter causes absences

12/02/2013

When harsh winter weather bumps up against the FLSA, the result can be a blizzard of pay problems for you. Employees often come in late, leave early or miss work altogether. How should you count their hours—and their pay? Here’s a flowchart that breaks down your options.