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Employment Law

Texas Supreme Court affirms employers not responsible for contractor negligence

08/01/2007

Good news: The Texas Supreme Court has refused to create new liability for organizations that do work through independent contractors. The case points out how important it is to make sure independent contractors stay that way …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

Houston jury awards manager almost $1 million for age bias

08/01/2007

A Houston-based seismic technology and equipment company is facing a nearly $1 million jury verdict as the result of a lawsuit brought by one of its former manufacturing managers. Input/Output terminated Gaines Watkins in 2002 when he was 68 years old, claiming the company was making changes that he was “incapable or unwilling” to implement. Watkins sued, claiming he was fired because he didn’t fit the company’s new youthful image …

$700,000 to family of worker killed during Katrina cleanup

08/01/2007

Employers at a post-Hurricane Katrina job site recently agreed to settle a lawsuit brought by the family of a Texas construction worker who died while doing repair work at a warehouse in Louisiana. Bobby Patton was working on a hurricane-damaged roof when he fell through an unmarked skylight to the concrete floor …

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …

Will ‘Bullying Victim’ Become The Next Protected Category?

07/30/2007

Several states are debating legislation that would make “workplace bullying” an illegal practice, like discrimination or harassment. Passage of such bills would increase your liability risks and force you to referee personality disputes. Here’s the status of the legislation, and how your organization should respond …

Restaurant caught in birthday suit, now it must pay

07/30/2007

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

Federal minimum wage goes up—and so should your new posters

07/24/2007

The new federal minimum wage of $5.85 per hour means you need to put up new posters – even if your state’s minimum wage is higher. We’re making it easy to comply. You can download and print official U.S. Labor Department posters – for FREE – directly from the HR Specialist web site.

Can we terminate manager who violates nonfraternization policy?

07/20/2007

Q Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate her employment?

Pay for holiday when it’s normally an off day?

07/20/2007

Q One of our employees is assigned to work 32 hours per week. His regular off-day is Monday. If a holiday falls on a Monday (such as Labor Day), is the employee entitled to pay for the day?