The HR Specialist: Texas Employment Law

Employees who report what they perceive as offensive sexual conduct to their employer may think they are engaged in so-called protected activity. That’s rarely the case. While the sexual activity they observe may indeed be offensive in the workplace, reporting it doesn’t mean the employee suddenly has protection from retaliation.

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Answering reference calls? Don’t think all responses are protected by “free speech” rights.

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Should Texas employers be so in­­clined, they may pay employees in Bit­­coins as long as both parties agree to the arrangement.

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You probably won’t be liable for a single incident of sexually oriented co-worker harassment if you punish the transgressor after you discover what happened.

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Here’s a warning about equal pay and the ongoing effects of past discriminatory decisions: Unless you fix the problem, an employee could file multiple lawsuits.

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If you “shoot the messenger” and punish an employee who points out your wage-and-hour mistakes, a judge just may smack you back with a huge monetary penalty. That’s what appears to have happened in a recent Texas case.

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These days, employers get many more applications for open positions than they can possibly interview. But each of those applicants is a potential litigant. If you use a complicated hiring process with two or more steps, be sure you can explain how each step relied on objective, unbiased assessments of applicant qualifications.

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A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

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Corpus Christi-based Nueces Elec­­tri­­cal Co-Op has agreed to pay a former employee $46,920 in back pay and damages after it forced him to retire and tap his 401(k) retirement fund instead of granting him FMLA leave.

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The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.

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