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Texas

New penalties under Texas wage-theft law? I heard it’s now a criminal offense

04/30/2012
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?

Does the FMLA apply to employees who have domestic partners?

04/30/2012

Q. Several of our employees live with domestic partners. Are our employees entitled to FMLA leave to care for a partner?

What are the Texas voting leave rules?

04/30/2012
Q. Must we give our employees time off to vote? If so, must we pay the employees for the time they spend voting?

Port Arthur firm must pay more than $170,000 in OT

04/30/2012
Port Arthur-based Performance Blasting and Coating must pay $170,622 in back overtime pay to 314 current and former painters and sandblasters, following a U.S. Department of Labor investigation.

Feds cracking down on Dallas hotel pay practices

04/30/2012
The DOL has announced an initiative to investigate employee misclassification in the hospitality industry in Dallas. According to a department statement, previous investigations “have found significant and systemic violations of the minimum wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act.”

Not a matter of style: Factor safety, liability into dress code

04/30/2012

A recent HR Specialist poll found that casual attire is the norm in 88% of our readers’ workplaces. But a culture of dressing down doesn’t mean organizations don’t need a dress code. What people wear to work is more than a matter of personal preference. One area of primary concern is safety.

You must pay for training that isn’t truly voluntary

04/30/2012
Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012
Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.