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 — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 20
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The HR Specialist: Texas Employment Law

Don’t make the mistake of thinking that just because an employee is paid a salary, he or she is exempt. The employer must also show that the worker performed exempt work under one of the several exemptions available under the Fair Labor Standards Act.

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A woman fired from a Children’s Lighthouse Learning Center franchise in Katy, Texas, is suing her former employer after refusing to address a transgender child as a male.

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Taqueria La Herradura in Pharr, Texas, has paid more than $33,000 in damages to its kitchen staff following a U.S. Department of Labor Wage and Hour Division investigation.

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Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse em­­ployment action and retaliation for engaging in protected activity?

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Employees who get promotions generally don’t sue their employers, but an administrative specialist for the city of Austin, Texas, has done just that.

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Here’s something to remember when an employee claims she has a disability that interferes with her ability to work overtime or even a full day. You can offer intermittent FMLA leave as a reasonable accommodation rather than restructuring the job or transferring the employee to another open position. Remember, the employer, not the employee, gets to pick the ADA accommodation.

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Professors who teach at public institutions and have tenure are generally protected from job cuts. But under some circumstances, they still may lose their jobs.

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Texas Gov. Greg Abbott signed two pieces of legislation into law recently, regulating where and how Texans may carry firearms. As of Jan. 1, licensed gun owners may carry holstered handguns anywhere that concealed handguns are per­mitted—with some exceptions.

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The Texas Supreme Court has vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer.

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Texas government employees who blow the whistle on their employers are protected from retaliation. But it takes more than just voicing an internal complaint or even cooperating in an audit to make a claim of whistle-blower retaliation stick.

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