The HR Specialist: Texas Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 2
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The HR Specialist: Texas Employment Law

Employers get to set the workplace rules and, generally, employees have to follow them. As long as you can show you explained the rules to employees, they can’t later argue they didn’t know which rules applied to them.

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The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

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Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

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USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

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The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

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It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

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The first black firefighter in the Irving, Texas Fire Department is suing the department, claiming it promoted a less qualified white applicant to assistant fire chief.

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State Sen. Eric Johnson has introduced legislation that would bar employers from asking for an applicant’s salary history before making a qualified job offer that includes a proposed salary.

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Since courts analyze noncompetes under standard contract interpretation principles, the language beyond the exchange of consideration can also be critical to the enforceability of an agreement.

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A case we covered last month—see “Consistently apply progressive discipline” in the January 2017 issue of Texas Employment Law—has now gone to trial.

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