The HR Specialist: Texas Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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The HR Specialist: Texas Employment Law

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

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Local 100 of the United Labor Unions, a multi-state service workers’ union, has agreed to settle charges it discriminated against two black organizers when it fired them for allegedly not meeting recruiting goals.

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A renowned Houston high school principal who was suspended with pay in September has filed a race and age discrimination lawsuit against the Houston Independent School District.

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If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

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A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

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Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

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When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.

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If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

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A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

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When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.

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An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

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Lewisville, Texas-based Shepherd Healthcare is being sued by a woman who claims she was fired for refusing to participate in a daily Bible study at work.

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The EEOC is suing the parent company of KTVT in Dallas for age discrimination after the station hired a younger, less experienced applicant for a traffic reporter position.

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Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

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The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

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When it comes to Title VII discrimination, an employer can’t sue another organization on an employee’s behalf. That’s up to either the individual worker or a government agency like the EEOC, which has standing to pursue such cases for workers.

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Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.

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When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

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After much litigation and confusion, employers finally have an answer to whether they will have to comply with the overtime regulations the Obama administration intended to go into effect in December 2016. They don’t.

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The EEOC has sued Denton County, Texas, alleging its health department violated the Equal Pay Act when it paid a female doctor less than a male colleague who performed substantially the same work.

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