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Employment Law

Warn employees: Text messages may be evidence

12/02/2013

Text messages make communication easy and convenient, but casual comments dashed off electronically may come back to haunt you. That’s why you should remind employees that texts should be composed with the same careful deliberation as letters and memos.

5th Circuit adds confusion to OT in misclassification cases

12/02/2013
It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Texas sues EEOC over background check guidelines

12/02/2013

The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013
In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

No adverse action means no constructive discharge

12/02/2013
Earlier, we reported on a case that concluded a high-stress environment isn’t grounds for quitting. It’s back.

Check settlement agreements for precise ADEA language

12/02/2013
When an employee promises not to sue for age discrimination and accepts money in exchange for that promise, he can revoke that agreement unless it contains some very specific language. But the revocation can only apply to the age discrimination claims, not others. Those remain settled.

Even one employee in Texas? Then he can sue you in Texas courts

12/02/2013
Don’t assume that just because your company is not located in Texas, you can’t be sued in the state. As long as your company employs someone in Texas, that’s enough.

Pregnancy Discrimination Act doesn’t require accommodation of pregnancy complications

12/02/2013
The PDA outlaws treating pregnant women worse than employees who aren’t pregnant. However, it doesn’t require affirmative steps to help them deal with complications. Employers are complying with the law if they give pregnant women the same time off or temporary light work assignments they give other temporarily impaired workers.

Avoid needless reference to culture differences

12/02/2013
There is a fine line between a rational discussion of cultural differences and stereotyping. If you are tempted to educate employees on appropriate workplace behavior, stick with a straightforward description of what behaviors you want to see, not how they differ from other cultural norms.

Document efforts to get FMLA certification

12/02/2013
There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.