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The HR Specialist: Texas Employment Law

Make sure your hiring managers understand that basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Applicants’ race, age, sex or religion should always be irrelevant. Courts won’t be swayed by claims that customer preferences forced your hiring hand …

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The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency” …

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Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

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A significant Texas Supreme Court decision handed down last month makes it easier for employers to write and enforce noncompete agreements in Texas. The ruling, ASM v. Johnson and Strunk & Associates, provides important protection for businesses that want to use noncompete agreements to limit unfair competition from former employees …

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Dire warnings of avian flu outbreaks have some employers and employees spooked. So OSHA just unveiled new safety and health guidance on occupational exposure to avian flu and practical recommendations on ways to avoid infection …

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Texas public employers have broad rights to prohibit certain kinds of speech in the workplace, but those rights aren’t unfettered …

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If you don’t ensure that clearly qualified, post age-40 employees aren’t seriously considered for promotions, you could be risking an expensive lawsuit under the federal Age Discrimination in Employment Act …

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In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …

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After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

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Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision

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