The HR Specialist: Texas Employment Law

Texas courts ordinarily reject noncompete agreements that require employees not to disclose confidential information if the employer has failed to provide the employee with that confidential information. But now the Texas Supreme Court has modified that stance.

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OSHA has announced that a Texas manufacturer faces $108,000 in proposed penalties for failing to abate safety violations after a worker died from an electrical shock. In January 2008, OSHA flagged six violations against JD Manufacturing, doing business as Arrow Waste.

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The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

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A federal jury has convicted twin brothers from Brownsville of conspiring to obtain fraudulent work visas in exchange for payment. The jurors handed down guilty verdicts against Alberto and Bernardo Pena for obtaining visas for immigrants from India in exchange for at least $20,000 per visa.

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Employers now have an answer to their single biggest and most vexing question about the elaborate new federal subsidy arrangement under COBRA, but it may not be the answer they were hoping for or expecting.

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According to the U.S. Centers for Disease Control and Prevention (CDC), one in five Americans has a disability. The agency said it expects that number to grow as the U.S. population’s average age rises.

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The EEOC essentially exists to prevent lawsuits by independently investigating discrimination claims and then trying to settle as many disputes as possible. Not surprisingly, the EEOC and its sister agencies often come to believe a discrimination problem exists and then urge employers to settle. Know that you don’t have to agree to settle.

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The U.S. Department of Labor has settled with Triple B Cleaning, a Houston company, that it claims illegally fired an employee who had complained about workplace safety issues to local news media.

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Remind managers who feel the need to ask employees sensitive questions to do so only in a private setting. Doing otherwise could trigger a defamation lawsuit.

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Texas Attorney General Greg Abbott has issued an opinion letter that says state lawmakers have the authority to enact legislation sanctioning employers that knowingly hire undocumented workers.

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