The HR Specialist: Texas Employment Law

Dallas-based DHL Global Forwarding has agreed to pay $201,000 to settle charges that it failed to stop super­visors from harassing Hispanic em­­ployees.

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Three lessons from a pending lawsuit in Dallas: 1. If your employees work overtime, pay them for it. 2. Don’t falsify records to cover your tracks. 3. Don’t sell your business to some­­one who is suing you for stiffing them out of overtime.

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When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.

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Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

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Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

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An undocumented worker who is fired after claiming he isn’t being paid minimum wage can’t collect back pay after his discharge. That’s because illegal immigrants shouldn’t be working anyway.

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If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

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When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.

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The Doubletree Hotel in Richardson has agreed to pay 112 employees $102,592 to settle charges it violated the Fair Labor Standards Act.

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There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

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