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Employment Law

CalSTRS flexes muscle over Walmart bribe allegations

05/01/2012
The $153 billion California State Teachers’ Retirement System, which holds more than 5.3 million shares of Walmart stock, has sued the retail giant following allegations in April that executives in its Mexican division offered millions of dollars to Mexican officials in exchange for expediting building permits.

In Chicago classroom, teachable moment or racism?

05/01/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.”

Focus on poor performance when terminating

05/01/2012

Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.

Employee returning from FMLA leave? It’s OK to ask about his ability to do the job

05/01/2012
After employees take medically re­­lated FMLA leave, they sometimes aren’t able to physically perform their jobs. Employers can certainly raise the issue with the employee and can even terminate the employee if he or she can’t perform the job. Just make sure you keep the ADA limitations in mind.

New penalties under Texas wage-theft law? I heard it’s now a criminal offense

04/30/2012
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?

Does the FMLA apply to employees who have domestic partners?

04/30/2012

Q. Several of our employees live with domestic partners. Are our employees entitled to FMLA leave to care for a partner?

Port Arthur firm must pay more than $170,000 in OT

04/30/2012
Port Arthur-based Performance Blasting and Coating must pay $170,622 in back overtime pay to 314 current and former painters and sandblasters, following a U.S. Department of Labor investigation.

Feds cracking down on Dallas hotel pay practices

04/30/2012
The DOL has announced an initiative to investigate employee misclassification in the hospitality industry in Dallas. According to a department statement, previous investigations “have found significant and systemic violations of the minimum wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act.”

You must pay for training that isn’t truly voluntary

04/30/2012
Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012
Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.