The HR Specialist: Texas Employment Law

Here’s a cautionary tale about tolerating a racially hostile comment, yet then agreeing that the comment was outrageous. Employers can’t have it both ways. Either the comment was grounds for discharge or it wasn’t really that severe.

{ 0 comments }

Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.

{ 0 comments }

Arlington-based Espitia Cleaning Inc. agreed to pay $53,095 in back wages to 130 current and former janitors following a U.S. Department of Labor investigation.

{ 0 comments }

Sometimes, when investigating serious charges against an employee, it’s best to temporarily suspend him. If you use this approach, always do so uniformly and apply the same rules to similarly situated workers. Don’t, for example, suspend some with pay and others without.

{ 0 comments }

Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.

{ 0 comments }

MKB Construction has settled charges it retaliated against an employee in El Paso after he complained of sexual harassment on the job.

{ 0 comments }

Under the FLSA, it’s not the job title or even some understanding between the employer and worker that matters, but business reality. If an employer controls how the job is done, chances are the worker is an employee covered by the FLSA and not an independent contractor.

{ 0 comments }

Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

{ 0 comments }

Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

{ 0 comments }

A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

{ 0 comments }

Page 30 of 122« First...1020293031405060...Last »