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The HR Specialist: Texas Employment Law
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.
The U.S. Department of Justice and the EEOC have announced a settlement with two Texas state agencies, resolving pay discrimination allegations at a state department that no longer exists.
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Chuy’s Panaderia Bakery, which operates two locations in Austin, has agreed to settle charges of failing to pay the federal minimum wage to 101 employees.
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The Occupational Safety & Health Administration has issued a memorandum setting out criteria for removing employers from the Severe Violator Enforcement Program (SVEP), the government’s watch list of most dangerous workplaces.
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A federal trial court has reaffirmed that employers have the right to expect employees to be truthful. It said it’s fine to punish an employee who was reasonably suspected of dishonesty—even if it turns out the employer was wrong.
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In Nitro-Lift Technologies, L.L.C. v. Howard, the U.S. Supreme Court ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA).
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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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Everything’s bigger in Texas – including employer liability. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Texas-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. 
