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Texas

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Courts to employees who bring meritless suits: Pay up!

04/07/2009

Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.

Caution bosses against openly asking sensitive questions

04/07/2009
Remind managers who feel the need to ask employees sensitive questions to do so only in a private setting. Doing otherwise could trigger a defamation lawsuit.

Texas anti-bias agency pays $900,000—for retaliation

04/07/2009

A jury recently awarded $900,000 to a former employee of the Texas Commission on Human Rights, which is responsible for enforcing anti-discrimination laws, for firing her in retaliation for complaining about discrimination against the agency’s own employees.

Austin debate: Penalize employers of illegal immigrants?

04/07/2009

Texas Attorney General Greg Abbott has issued an opinion letter that says state lawmakers have the authority to enact legislation sanctioning employers that knowingly hire undocumented workers.

Expect ‘lawsuit tsunami’ in wake of Ledbetter Fair Pay Act

04/07/2009

On Jan. 29, President Obama signed the Lilly Ledbetter Fair Pay Act, which may be the most important change in anti-discrimination laws in decades. It applies to all pending compensation-related lawsuits, but limits back pay to two years. Employers can look ahead to many years of legal wrangling over the interpretation of the seven key words of the act: “a discriminatory compensation decision or other practice.”

How does an employee’s FMLA leave status affect how we conduct a layoff?

04/07/2009

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? …

What should we consider when deciding whether to contest an OSHA citation?

04/07/2009

Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

Must we pay workers’ weekend travel time to new location?

04/07/2009

Q. We are closing one facility and laying off a large number of workers. In lieu of immediate layoffs, however, we want to temporarily transfer some maintenance employees from another facility 800 miles away. They have agreed to perform this work, which will take about three months. Do we have to pay them for the time spent traveling to the new work location, which will occur over a weekend?

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.