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Texas

Keep careful pay records, or else courts will take employees’ word for it

04/03/2013
Here’s another powerful reason to maintain meticulous wage-and-hour pay records. If you don’t—and a worker claims you owe him money for unpaid work—the court will rely on the employee’s recollection or records.

Dallas company’s temp shell game doesn’t fool DOL

04/03/2013
Dallas-based Nieman Printing thought it had it all figured out when it hired two temp agencies to employ the same workers doing the same work, but on different days. The strategy: Keep workers from ever putting in more than 40 hours per week for one employer. Desired result: No overtime pay! DOL investigators saw through the charade.

Control nixes independent contractor status

04/03/2013

The usual wage-and-hour rules don’t apply to independent con­­tractors because they aren’t em­­ployees. But that doesn’t mean you can forget about the FLSA by deciding to just call some­­one an independent contractor. What really counts is how much control you assert over the individual in how and when she does the work.

Know what really counts as whistle-blowing

04/03/2013

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

What are wage-and-hour implications of tracking time for telecommuters?

03/07/2013

Q. We recently started permitting two of our employees to telecommute on certain days of the week. We are concerned with tracking these employees’ hours. What are the wage-and-hour concerns we should be aware of for telecommuting employees?

When equipment must start up, when does work begin?

03/07/2013
Q. When our employees come in to work, they spend part of their time getting their equipment running. Do we need to compensate them for that time?

Mexico revamps labor law, with implications for U.S. firms

03/07/2013
For the first time in 40 years, Mexico has instituted significant labor reforms, a move that has far-reaching implications for its em­­ployers as well as U.S. companies doing business there.

Eye care company sees the error of its pay ways

03/07/2013
Fort Worth-based Alcon Laboratories has agreed to pay $199,443 in back wages to 342 assemblers, material handlers and production technicians at its Houston facility.

Scooter Store settles suit alleging it violated ADA

03/07/2013
New Braunfels-based mobility aids retailer The Scooter Store has settled a disability discrimination suit with the former manager of a store in New York. The manager claimed the store fired him after he requested a leave of absence to care for his psoriatic arthritis.

No unemployment for those fired for late time sheets

03/07/2013
Make it clear that it’s essential to complete time sheets on time. Dis­cipline those who don’t follow the rules. If you have to fire time sheet ­slackers, rest assured they won’t be eligible to collect unemployment benefits on your account.