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Texas

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Can the company ‘profit’ from the share of health premiums charged to employees?

05/01/2013
Q. After several large health insurance claims last year, our president decided to increase the premiums deducted from employees’ paychecks. However, the rate he has directed to be deducted is higher than the rate at which we are billed for the spouse and dependent coverage. Is it legal to make money off of the “premiums” we ask em­­ployees to pay?

New military caregiver leave rules continue FMLA expansion

05/01/2013
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

When romance blooms at work, be ready with a practical policy

05/01/2013
Roughly four out of 10 workers have dated a co-worker, according to a survey by Spherion Corporation. When office romances sour, scorned lovers often sue, alleging that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. Based on all of these legal risks, should your organization forbid office romances?

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.

Invoke arbitration rights as early as possible

05/01/2013
If an employee has signed an agreement promising to arbitrate employment claims, tell the court right away and ask it to compel arbitration. Otherwise, the court might decide that you waived your right to ask.

Disabled employee always calling in sick?

05/01/2013
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.