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Employment Law

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

DOL grills tortilla maker, gets agreement on back pay

10/06/2008

De Maiz Tortilleria, a tortilla production company in Pharr, Texas, has agreed to pay $401,314 in back wages to 133 employees following a U.S. Department of Labor investigation looking into allegations it violated the FLSA …

Policy not enough: Stamp out co-worker harassment or prepare for court

10/06/2008

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Need a good reason to settle? How about saving huge attorneys’ fees?

10/06/2008

Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.

Court: Same-sex come-on isn’t worth $90,000

10/06/2008

What’s an attempted liaison by a same-sex manager worth in Texas? A jury said $90,000. Now a Texas appeals court has reversed that decision …

Reason prevails: No need to warn of obvious hazards

10/06/2008

Employers who don’t sign up for the Texas workers’ compensation system can be sued directly by employees who are injured on the job. But that doesn’t mean every workplace accident will result in a damaging lawsuit judgment …

Texas congresswoman’s staffer loses discrimination case

10/06/2008

A federal court in Washington, D.C., has ruled against Elizabeth Howie, a 46-year-old black staffer for Rep. Eddie Bernice Johnson.  Howie claimed she was fired because of her race and age …

OSHA cites Austin linen firm, proposes $149,100 in fines

10/06/2008

OSHA announced in August that it proposed a fine of $149,100 against an Austin linen company for violating federal workplace safety rules. It cited Texas Linen Co. for one willful violation—failing to provide employees with a hepatitis B vaccination within 10 days of being assigned to handle soiled health-care linens …

Jury: AT&T discriminated against call center worker

10/06/2008

A Dallas County jury decided that AT&T created a hostile work environment and retaliated after a call center employee complained. The jury found that race was a motivating factor in AT&T’s repeated failure to promote Lakecious Edwards and awarded her $411,339.

Work rules can regulate some employee political advocacy

10/06/2008

On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy. The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations …