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Texas

When good performer is suddenly disciplined, consider that a red flag for retaliation

10/31/2011
Before authorizing a transfer, demotion or other adverse action based on poor performance, make sure you check the employee’s file. That’s especially true if the em­­ployee (or someone closely associated with the employee) has recently filed an EEOC complaint or lawsuit or other­wise engaged in protected activity.

With no explanation for firing, man files reverse-bias lawsuit

10/31/2011
A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

Innuendo alone doesn’t amount to harassment

10/31/2011
Generally, anti-discrimination laws are designed to punish egregious offenses rather than rude or inconsiderate behavior. That’s good news for employers dealing with isolated, sexually suggestive comments or behavior.

Safety first if alleged sex offender applies

10/31/2011
An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

365-day virtual job fair aims to attract veterans

10/04/2011
Houston-based trash collection giant Waste Management drew 739 military personnel and spouses in two hours during a virtual career day this summer—and it’s not over.

Is this worker entitled to FMLA leave? She was out for months on workers’ comp

10/04/2011
Q. One of our employees missed several months of work last year because of a workers’ compensation qualifying injury. She has now requested leave under the FMLA. Do we have to grant this request for leave?

Can bonuses affect overtime calculations?

10/04/2011
Q. We wish to offer a variety of incentive bonuses to hourly workers in an attempt to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act FLSA for purposes of calculating overtime?

How can we protect against subsequent lawsuits following on-the-job injuries?

10/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to increase the likelihood that employees who receive benefits under the plan will not be able to later sue us to recover damages related to their injuries?

Texas agency slapped with federal discrimination lawsuit

10/04/2011
The U.S. Department of Justice is suing the Texas Depart­­ment of Family and Protective Serv­­ices for race and gender discrimination, alleging that supervisors regularly harassed a black employee and later wrongly fired him.

3 new NLRB decisions keep recent pro-union streak alive

10/04/2011
The NLRB has issued three significant decisions that affect the relationship between unions, em­­ployers and employees. These include new rules for determining what is an appropriate bargaining unit and when employees can vote a union out as their representative. Together, they add to the NLRB’s recent record of ruling in favor of unions and against employers.