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Employment Law

Texas employees file FLSA suit against T.J. Maxx

02/12/2010

Employees of T.J. Maxx stores in Texas have filed a class-action suit alleging that the retailer stiffed workers out of regular wages and overtime pay. The lawsuit claims management required workers who exceeded their scheduled hours to work off the clock and told them to use vacation and sick time to cover time worked beyond their scheduled hours.

Employee can’t claim constructive discharge on what might happen in workplace

02/12/2010

Some employees try to fabricate a lawsuit by resigning and then alleging that some form of discrimination made their working conditions so intolerable that they had no choice but to quit. The name of this claim: constructive discharge. Fortunately for employers, it takes more than a few isolated comments to create intolerable conditions. And, as the following case shows, the fear that working conditions will become intolerable isn’t enough to justify quitting before things get bad at work.

Serial sexual harasser on the loose? Get ready for big trial—and possibly huge judgment

02/12/2010

If you are having trouble getting top management to take sexual harassment seriously, here’s a case that might help them see the light. Explain that if they let a sexual harasser become a serial harasser, all the cases could be tried together. And that vastly increases the chances that a jury will hold the company liable.

Texas High Court rules arbitration agreements valid despite changing employment conditions

02/12/2010

The Texas Supreme Court has ruled that an arbitration agreement presented as a condition of employment is valid even though it was initially drafted by an HR management company that no longer manages personnel matters. The court looked carefully at the arbitration agreement and concluded it was a binding contract—partly because it contained a clause that allowed the employer to end the agreement prospectively only.

Court clamps down on litigation road shows

02/12/2010

Defending lawsuits is expensive, even more so if the case is being heard in some faraway city. Your staff would have to travel long distances to participate in the trial, maybe just for the employee’s convenience. Fortunately, federal courts in Texas are clamping down on such litigation tactics.

Want severance agreement to stick? Call a lawyer

02/12/2010

Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.

Your 10-step plan for sniffing out suspicious FMLA requests

02/12/2010

Interested in combating potential FMLA fraud? The best way to keep employees from gaming FMLA leave is to use the law’s medical certification process. To make sure employees take only FMLA leave to which they are entitled, follow these 10 steps:

Alleged rape in Iraq leads to $2.9 million settlement—for now

02/12/2010

An arbitrator has awarded nearly $3 million to a former employee of defense contractor KBR who says she was raped while working in Iraq. KBR has contested the arbitrator’s finding, and has asked that the award be reduced to $300,000.

Former Freeport fire chief sounds the retaliation alarm

02/12/2010

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.