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Employment Law

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Qualify for professional exemption? Check job, not degree

07/01/2007

The Fair Labor Standards Act (FLSA) requires that employees who work more than 40 hours a week receive overtime for the extra hours. But many jobs and positions are exempt from FLSA OT rules …

Hypersensitive employee doesn’t get special protection

07/01/2007

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? …

Suggest alternative job, and let employee get clearance

07/01/2007

When a disabled employee asks for an accommodation, your organization is supposed to discuss the request and make suggestions …

Suggest FMLA if worker says illness causing work problems

07/01/2007

An employee who has been performing well and then seems to act out of character may be suffering from a disability or a serious health condition. But suggesting a disability when there isn’t one is NOT a good idea …

Make sure not to defame an employee when issuing ‘Security bulletin’ after termination

07/01/2007

Workplace violence is a serious problem, and employees who have been fired may sometimes overreact …

Suspect employees of theft? Questions are OK, but detaining risks ‘False imprisonment’ claim

07/01/2007

A high percentage of workplace theft is the work of insiders. That’s one reason you may want to question employees when money or goods disappear. But don’t act like the police …

Houston firm pays $256,000 to settle overtime dispute

07/01/2007

BJ Chemical Services in Houston recently paid $256,000 in back wages to 56 workers following a U.S. Labor Department investigation …

Houston leads the country in manufacturing jobs

07/01/2007

A recent survey found that Houston has the most manufacturing jobs of any city in the United States …

When filing lawsuits, employees not entitled to ‘Two bites at the apple’

07/01/2007

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit …