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Employment Law

Humble drilling company to pay $580,000 in back OT

02/07/2011
Unit Texas Drilling has settled a DOL lawsuit that claimed the company stiffed 824 drillers, derrickmen and floor hands out of overtime wages they should have received. Now the company, based in Humble, will make good on its obligations under the FLSA—a total of $579,910.

Vague bias claims won’t get far in federal court

02/07/2011
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.

Court: Bigger workload could constitute retaliation

02/07/2011
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.

Play it straight: When employee’s complaints become irrational, stick with sound procedures

02/07/2011

After a discrimination complaint has been found to be without merit, most reasonable employees accept their employer’s conclusions and go back to doing their jobs. But some become bitter, suspecting that HR and management are out to get them and interpreting every subsequent interaction as evidence of a hostile conspiracy. When this happens, the worst thing you can do is play into the fear.

Nacogdoches ATV dealer faces constructive discharge suit

02/07/2011
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

02/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.

Amtrak faces equal pay suit

02/04/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager in Pennsylvania that the railroad underpaid her because she is a woman.

How to prevent succession planning from triggering discrimination complaints

02/04/2011
Many companies design succession plans so they can spot the next generation of leaders early and develop current employees to their full potential. If your organization is involved in such a process, step back and look: Does everyone who is tapped for special treatment come from the same race or gender? Or does the chosen group exclude older workers or the disabled?

Hand-held phone ban for commercial drivers?

02/03/2011
In 2010, the Federal Motor Carrier Safety Administration prohibited commercial truck and bus drivers from texting while driving. Last month, the agency proposed banning such drivers from reaching for, holding or dialing a cell phone while operating a commercial vehicle.