The HR Specialist: Texas Employment Law, Author at Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

The HR Specialist: Texas Employment Law

A federal trial court hearing a Texas case has concluded that employers can’t use expert testimony to tell a jury that a discharge was justifiable based on a review of a worker’s employment records. That’s for a jury to decide.

{ 0 comments }

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

{ 0 comments }

If, like many employers, you have neglected updating your employee handbook, now is a good time to do so. That’s particularly true for Texas employers that use arbitration agreements to keep employment law disputes out of court.

{ 0 comments }

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

{ 0 comments }

If you require employees to report alleged harassment, you have some legal protection if you take prompt action to stop the misconduct. However, if the reporting process is confusing, contradictory or otherwise ineffective, it may not benefit you at all.

{ 0 comments }

Rep. Blake Farenthold, who represents the Corpus Christi area in the U.S. House of Representatives, has announced he will retire from Congress at the end of his current term after it was revealed that taxpayers footed the bill for a 2014 settlement paid to a former aide who accused him of sexual harassment.

{ 0 comments }

Employers that take prompt action after learning about sexual harassment generally won’t be held liable, as long as the harassment actually stops.

{ 0 comments }

Do you offer an extended training period for newly hired workers who will be performing high-skill, exempt administrative jobs? If so, you may have to treat them as hourly workers during the training period when they are not actually performing work, but learning how to do their new jobs.

{ 0 comments }

Workers who claim they should have been paid overtime don’t have to come forward with detailed pay records to move the case into discovery. That’s because record keeping is the employer’s responsibility under the Fair Labor Standards Act.

{ 0 comments }

If you structure an arbitration agreement so it takes away too many employee rights, you may find yourself in federal court anyway—first to litigate the validity of the agreement and then to try the case. 

{ 0 comments }

A federal court hearing a case brought by the EEOC against a Texas county has allowed an alleged victim of discrimination to add additional charges in an Equal Pay Act case the EEOC is already litigating. As a practical matter, that means the employer will have to fight even more attorneys while defending its pay practices.

{ 0 comments }

A federal court has dismissed a lawsuit alleging a hostile work environment based on sexual orientation, despite the EEOC’s position that sexual orientation discrimination is sex discrimination under Title VII.

{ 0 comments }

The former president of the union that represented employees of Travis County Emergency Services District 4 is suing the city of Austin and its fire chief over Austin’s refusal to hire him following the merger of ESD4 and the Austin Fire Department.

{ 0 comments }

If you run background checks before hiring, the information you request may limit liability for the investigating firm you use.

{ 0 comments }

New legislation would allow employers to create an ERISA plan, known as a qualified flexible workplace arrangement plan, as a way to offer employees a combination of guaranteed paid leave and increased work flexibility options. 

{ 0 comments }

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

{ 0 comments }

Employers are supposed to engage with disabled workers and applicants in the ADA’s interactive accommodations process in order to arrive at reasonable accommodations. But what if the employer refuses—and it turns out the employee wasn’t actually disabled?

{ 0 comments }

For most complaints, you receive enough background to launch an investigation. But what should you do if the employee reporting the harassment doesn’t want to provide details or even basic information like who the alleged harasser is?

{ 0 comments }

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.

{ 0 comments }

When employees consider whether to invite a union into the workplace to represent them, their choice may be guided by the psychology of decision-making. A recent book on the subject sheds light on how employers can respond to unionization efforts.

{ 0 comments }

Page 1 of 7612345...102030...Last »