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Texas

Overwork, rudeness don’t create hostile environment

08/26/2013
Workers who are more sensitive than others can’t sue, alleging a hostile work environment, unless conditions are truly terrible. They simply have to tolerate the occasional un­­kind comment and other ordinary workplace annoyances.

Email claiming ‘mistreatment’ not protected activity

08/26/2013
Employees who complain about discrimination are protected from retaliation. But their complaints have to be specific, at least mentioning why they suspect discrimination. Other­­wise, they aren’t engaged in protected activity and can’t allege retaliation.

Candidate tanks during job interview? That’s a legitimate reason not to hire

08/26/2013
Interviews reveal applicants’ membership in protected classes like race, sex and obvious disability. As a result, courts sometimes look with suspicion on rejecting an applicant who was obviously qualified enough to earn an interview but who was rejected because of her interview performance.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.

OK to broach retirement option before layoff

08/26/2013
Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.

State-by-State Chart on Final-Pay Laws

08/14/2013
This chart summarizes the states’ final-pay laws. States without laws have been omitted.

What are the rules for compensating nonexempts for overnight travel?

08/07/2013
Q. Several of our employees will be required to travel to another state for a seminar. What’s the rule for compensating nonexempt employees who take overnight business trips?

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

J.B. Hunt drops ban on hiring those with criminal records

08/07/2013
Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.

Texas’ new hiring law should help employers and convicts

08/07/2013
Gov. Rick Perry has signed legislation providing important protections for employers facing negligent hiring or supervision claims. The new law also makes it more attractive for ­employers to hire applicants with criminal records.