The HR Specialist: Texas Employment Law

The U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced that two federal contractors have agreed to settle allegations of hiring discrimination. Comark Building Systems, of DeSoto, agreed to pay $229,534 in back pay and interest to 740 applicants it rejected for the position of plant laborer. Georgia-Pacific Consumer Products LP agreed to pay $749,000 in back pay and interest to 399 black applicants whom it rejected for the position of utility worker …

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Texas Attorney General Greg Abbott announced injunctions barring two employers from enforcing “closed-shop” clauses in agreements with the International Union, Security, Police and Fire Professionals of America. In July, the state sued Deco-Akal JV, of El Paso, and Asset Protections & Security Services, LP, of Corpus Christi, for suspending or threatening to suspend employees who refused to pay union dues …

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The U.S. District Court for the Southern District of Texas recently certified a class action of current and former participants and beneficiaries of a cash-balance pension plan sponsored by United Way of the Gulf Coast. The participants and beneficiaries claimed that the plan sponsor miscalculated early-retirement benefits when it switched the pension plan from a defined-benefit plan to a cash-balance plan …

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The U.S. Department of Homeland Security (DHS) has issued new final regulations detailing how employers must respond to Social Security “no-match” letters. That means employers that receive no-match letters now have new legal obligations when it comes to verifying and maintaining federal I-9 Employment Eligibility Verification documents …

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Q. How do I prevent employees from talking to a union or going to the National Labor Relations Board?

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Q. I recently received a memo signed by all four employees in one department asking for 5% raises. Can I have a meeting with them to let them know that there is no money for raises, that their department could easily be eliminated and that they would be smarter just to keep a low profile and do their jobs? …

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Q. Must a Texas employer pay its interns? …

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A nation embroiled in war tends to be jittery and tempers run high. When anger and emotion seep into the workplace, things can get ugly. That’s why it’s important to remind everyone that you won’t tolerate comments, gags or jokes aimed at employees who may share ethnicity, religion or national origins with the “enemy” …

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Sometimes, employees who think they have been discriminated against—and their attorneys—try novel approaches to make a claim. One of these is the so-called disability-plus claim, whereby the attorney tries to show that the employer discriminated against his disabled client by treating her worse than other disabled employees of another sex or race. But as the following case shows, disability-plus discrimination claims won’t always fly in Texas …

 

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Nothing generates paper like the hiring process, especially if it involves multiple interviews and committee meetings. What do you do with all that paper? If you destroy it, be prepared to show you do so routinely. Otherwise, a jury or judge may view the destruction as evidence you have something to hide …

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