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 3
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The HR Specialist: Texas Employment Law

What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

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A federal judge in Houston has dismissed a racial discrimination and retaliation claim filed by a man working for Noble Drilling.

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Downhole Technology, a Houston manufacturer of fracking equipment, faces charges it failed to address a racial discrimination complaint and then retaliated against the employee who complained.

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A former teacher and multi-sport coach claims a former principal and assistant superintendent discriminated against him and persistently sought his resignation.

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Proposed EEOC enforcement guidance on unlawful harassment issued in January emphasizes that employers should take a proactive role in preventing harassment, as well as in effectively identifying and eradicating harassment if and when it occurs.

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If a worker files a harassment complaint and a supervisor decides to punish him by setting him up to violate a company rule, that can be retaliation. It doesn’t matter if the worker in question actually broke the rule.

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Employers get to set the workplace rules and, generally, employees have to follow them. As long as you can show you explained the rules to employees, they can’t later argue they didn’t know which rules applied to them.

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The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

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Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

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USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

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