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Texas

OSHA to AirTran: Pay whistle-blower, let him fly

03/08/2012
OSHA has ordered AirTran, a subsidiary of Dallas-based Southwest Airlines, to pay $1 million in damages after it found the airline retaliated against a pilot who reported safety problems.

One-sided arbitration agreement won’t fly in Texas

03/08/2012
Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.

Misclassified contractors can make you subject to TCHRA

03/08/2012
It’s complicated to determine who is an independent contractor and who is an employee. Someone you consider a contractor may turn out to be an employee under the Texas Commission on Human Rights Act (TCHRA)—and the TCHRA may cover you if those contractors turn out to be employees.

Thwart retaliation claims by documenting your rationale for handling of original complaint

03/08/2012
The fastest growing category of discrimination complaints is retaliation. The reason is simple: They are easier to win than underlying discrimination cases. All an employee has to prove is that his employer punished him in a way that would dissuade a reasonable employee from complaining in the first place. Be prepared.

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

More union members in 2011, thanks to private-sector gains

03/08/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. Texas has been immune to the spike, however. Just 5.2% of the state’s workers belong to a labor union.

Stop unpleasantness from becoming harassment

03/08/2012
When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

NLRB continues with controversial moves and appointments

01/31/2012
Last year ended and 2012 began with a flurry of activity from the National Labor Relations Board NLRB. Between controversial appointments to the board and action on two new rules concerning organized labor, the NLRB has given employers much to watch.