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Texas

Prompt cleanup, spot inspections are the keys to curing racially hostile environment

10/05/2012

Employers that adopt a proactive approach to stopping and preventing future racial hostility at work are best positioned to win hostile work environment lawsuits. Ignoring obvious signs of workplace trouble won’t make it go away and will only encourage further harassment.

If doctor’s note is unclear, insist on a properly completed FMLA certification form

10/05/2012
Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.

Employee makes outrageously bigoted comment? Treat that as an offense worthy of firing

10/05/2012
Here’s a cautionary tale about tolerating a racially hostile comment, yet then agreeing that the comment was outrageous. Employers can’t have it both ways. Either the comment was grounds for discharge or it wasn’t really that severe.

FLSA violations cost Houston restaurant $126,000

10/05/2012
Houston’s Ocean Palace Restaurant settled a “palace revolt” of sorts by paying the princely sum of $125,763 in back wages to 61 current and former kitchen and wait staff, cashiers, hostesses, runners, cart pushers, busboys and dishwashers.

Reality–not labels–determines worker status

10/05/2012
Under the FLSA, it’s not the job title or even some understanding between the employer and worker that matters, but business reality. If an employer controls how the job is done, chances are the worker is an employee covered by the FLSA and not an independent contractor.

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

Make sure suspension policies apply equally to all

09/17/2012
Sometimes, when investigating serious charges against an employee, it’s best to temporarily suspend him. If you use this approach, always do so uniformly and apply the same rules to similarly situated workers. Don’t, for example, suspend some with pay and others without.

Was firing retaliation? Lufkin faces bias lawsuit

09/04/2012
A former Lufkin Industries employee is suing the oil field equipment manufacturer, alleging he was fired for complaining about racial discrimination.

Donna’s former accountant, would-be city manager sues

09/04/2012
The city of Donna’s former accountant is suing the South Texas town, claiming she wasn’t chosen to become city manager because she is a non-Hispanic woman.

AT&T’s phone or its supervisor: Was either at fault?

09/04/2012
A former employee at AT&T’s Houston facility has filed a racial discrimination complaint against the telecommunications giant, claiming he was fired by a boss who was motivated by racial bias.