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Employment Law

Houston RNs vote in favor of union

05/05/2008
The National Nurses Organizing Committee/California Nurses Association announced that the registered nurses at Cypress Fairbanks Medical Center Hospital in Houston voted in favor of representation …

Texas court to rehear ruling on whether premises owner can avoid tort liability

05/05/2008
The Texas Supreme Court in April granted a petition to rehear its decision that a premises owner was protected from tort liability under the state’s workers’ compensation law because it was also a general contractor …

Texas water company to pay $597,000 for FLSA violations

05/05/2008
A Texas company that provides water transfer services for the natural gas industry has agreed to pay $597,530 for violating the Fair Labor Standards Act. An investigation by the U.S. Department of Labor found that the Western Company of Texas, Inc., based in Justin, owed back wages to 237 employees. The company had failed to pay them overtime …

Are there unusual protected statuses that can limit an employer’s right to terminate?

05/05/2008
Q. We know that it is unlawful to discriminate against employees on the basis of race, ethnicity, national origin, religion, sex, age and disability. Do any other protected classifications exist under Texas law that might limit an employer’s right to terminate a worker employed at will? …

Want to discard old applications? Tell applicants up front

05/02/2008
Do you have a file cabinet overflowing with employment applications filled out by years’ worth of job-seekers? Don’t toss them out! Unless those applications included a statement that you would retain them only for some set time, your best bet is to contact every applicant and explain what you are doing …

Caution: ‘Association discrimination’ is new HR worry

05/02/2008
You know it’s illegal to retaliate against an employee who has engaged in so-called “protected activity,” such as filing a discrimination complaint internally or with the EEOC. Now, the 6th Circuit Court of Appeals, which covers Ohio employers, has taken the concept one step further …

HR handles all transfers? Beware ERISA violation risk

05/02/2008
HR is usually the first to know when an employee files an ERISA complaint or lawsuit. Since HR also typically handles transfer, hiring and promotion paperwork, that can put the company at risk for a retaliation lawsuit …

No second opinion? You can challenge FMLA leave later

05/02/2008
What if you want to challenge an employee’s FMLA certification later—after you find out he’s been working elsewhere while on FMLA leave, for example? Are you stuck because you didn’t ask for a second or third medical opinion?…

To avoid negligence liability, set strict control rules for contracted labor

05/02/2008
Employees who are hurt at work can collect workers’ compensation but generally can’t sue their employers for negligence. The workers’ compensation law makes employers immune from such additional lawsuits. But what if you contract with another company to provide on-site labor and someone gets hurt? …

You don’t have to tell applicants how you’ll screen for interviews

05/02/2008
Employers don’t have to tell applicants exactly how the hiring process works—for example, how you sort applications, evaluate candidates for possible interviews and make job offers. Just make sure that everyone in the HR office who handles applications knows what the rules are …