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Employment Law

Think your employees are weird? Get a load of these guys!

02/08/2011
If you think your employees can be an odd bunch, rest assured they’re probably not the weirdest of the weird. The working world is a strange and wondrous place, thanks to the colorful characters that inhabit it. Here are three good examples.

Avoiding pay complaints: 5 smart strategies

02/08/2011
The key to complying with the FLSA lies in accurate record-keeping. How you track hours is largely up to you, but you must beware several factors that can compromise wage-and-hour compliance. Here are five key strategies to help make sure you stay on the right side of the law.

NLRB settlement suggests employee Facebook posts are protected

02/08/2011
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?

Applicant filed for bankruptcy: Can you refuse to hire him?

02/08/2011

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …

How long must old paychecks remain ‘live’?

02/07/2011
Q. One of our employees has not cashed a paycheck that we issued to her several months ago. How long are we required to keep the paycheck active?

Does Texas require paid holiday time off?

02/07/2011
Q. Last year, Christmas fell on a Saturday, and one of my employees who normally works Monday through Friday asked me if he would receive an extra day of pay. Are Texas employers required to provide employees with certain paid holidays?

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Houston strip bar peels off $60,000 to settle age bias suit

02/07/2011

The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.

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.