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Texas

Courts cracking down on pro se litigants

03/07/2013
Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.

It’s up to employee to connect dots between alleged bias, protected status

03/07/2013
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.

Employee complains and then quits? Investigate anyway, to prove what happened

03/07/2013
When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.

Ensure FMLA status won’t affect firing decision

03/07/2013
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.

Use clear policy to thwart harassment claims

03/07/2013
One of the best ways to fight hostile work environment claims: a handbook with a strong sexual harassment policy that shows em­ployees exactly how they should report problems.

Could nonexempts’ use of smartphones cause wage-and-hour liability?

02/01/2013
Hourly employees’ use of smartphones (as well as online email access from remote locations) has boosted worker productivity. However, it has also substantially increased the risk of off-the-clock-work violations.

U.S. Supreme Court addresses arbitration of noncompete agreements

02/01/2013
In Nitro-Lift Technologies, L.L.C. v. Howard, the U.S. Supreme Court ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA).

Employers must wait 3 years to come off OSHA’s SVEP list

02/01/2013
The Occupational Safety & Health Administration has issued a memorandum setting out criteria for removing employers from the Severe Violator Enforcement Pro­­gram (SVEP), the government’s watch list of most dangerous workplaces.

Texas agencies settle with Feds over pay disparities

02/01/2013
The U.S. Department of Justice and the EEOC have an­­nounced a settlement with two Texas state agen­­cies, resolving pay discrimination allegations at a state department that no longer exists.