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Texas

FLSA doesn’t cover claims for distress, punitive damages

01/07/2011

Employees who win Fair Labor Standards Act lawsuits over wage-and-hour violations can only collect damages based on concrete and real losses. They can’t collect emotional or punitive damages on top of other damages.

Bias complaint won’t fly if everyone was equally qualified

01/07/2011
Job applicants or employees looking for promotions who think they were passed over because of a protected characteristic like race or sex generally have to show that they were the best, most qualified candidate.

Firing? Follow the 2-and-1 rule: Two company reps, one reason for termination

01/07/2011

Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

01/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Watch out if over-protectiveness results in women being denied an opportunity to work when there’s no reason not to.

Beware constructive discharge: When work is so intolerable, employee feels he must quit

01/07/2011

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”

Good faith–not perfection–is standard for deciding if wrongdoing calls for discipline

01/07/2011
Do you worry that you need absolute proof of wrongdoing before disciplining an employee? You don’t. Employers have to be fair, not absolutely right.

DOL teams up with ABA–expect more FMLA, FLSA suits

01/07/2011
Since Dec. 13, employees with unresolved FMLA or Fair Labor Standards Act complaints with the DOL have been told of another option: a toll-free phone number that can link them to an ABA-approved attorney in their area who could handle their lawsuit.

Proceed with care during union negotiations

01/07/2011

Here’s a warning to employers facing a union for the first time. Get an attorney right away and rely on his or her advice to guide your actions. The 5th Circuit Court of Appeals has just issued a tough decision requiring an employer to rehire employees it terminated during a strike.

Call lawyer about worker’s perceived disability

01/07/2011

It may seem like the obvious move: If an employee has a medical condition that makes it impossible to do her job safely, then it makes sense to terminate her. Not so fast! Consult your attorney before you fire her.

Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?

12/01/2010
Q. An exempt employee recently requested intermittent leave under the FMLA … FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?