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The HR Specialist: Texas Employment Law

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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Health care facilities are increasingly becoming targets of class-action wage-and-hour lawsuits. Alleging violations of the Fair Labor Standards Act, several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks.

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One of the best ways to tell if applicants have the skills to perform specific tasks is to directly ask how they’ve used those skills in the past. These sample questions can help hiring managers spot 10 important “soft” skills:

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When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.

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Don’t expect a quick dismissal of a lawsuit just because the employee or his lawyers miss a deadline. Courts are quick to grant extensions in the service of “justice” and won’t come down hard for seemingly minor deadline misses.

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