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Texas

Root out unintentional pay discrimination

02/02/2009

Here’s yet another good reason to closely review employee compensation: Legislation overturning the U.S. Supreme Court decision in the Lilly Ledbetter case has been enacted. Employees will now be able to sue their employers for any discriminatory pay decisions made years ago that still show up in current paychecks.

How not to fire complaining employee: Use pretext, don’t document real reasons

02/02/2009

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

Go ahead and set up employee surveillance, but be careful how you pick your spots

02/02/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took the high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

In pay discrimination cases, job duties—not titles—are what count for comparison

02/02/2009

Employees may assume that, just because they hold the same job title as another employee, they should receive the same pay. But the label an employer assigns to a job isn’t nearly as important as the job duties performed by the person holding the job.

Class actions aren’t just for large groups anymore

02/02/2009

When we think of class-action lawsuits, we usually think big. Such lawsuits can involve thousands of employees and millions of dollars. But they can also involve just a handful of employees, as a federal judge just ruled.

Court: Government executives considered at-will employees

02/02/2009

Some government employees have a “protected property” interest in their jobs. Others are at-will employees. Those with high-level jobs are typically at-will employees.

Inside job: Did Houston firm swipe trade secrets?

02/02/2009

Multinational materials processing company Saint-Gobain is suing a Houston competitor, Centronic LLC, and two former Saint-Gobain employees, alleging they illegally brought proprietary information with them when they went to work for Centronic.

Anti-virus software maker must ward off wage & hour suit

02/02/2009

Add another big company to the list of those accused of shorting employees for overtime pay. A sales representative who worked for anti-virus software publisher McAfee recently filed suit claiming it violated the FLSA by failing to pay him overtime.

Former Victoria’s Secret employee claims pregnancy bias

02/02/2009

A Beaumont-area Victoria’s Secret employee recently filed suit in Jefferson County District Court alleging she was discriminated against because of her pregnancy. Krystal Burns brought her suit under Title VII, the Pregnancy Discrimination Act and the Texas Labor Code.

Texas town settles retaliation lawsuit with firefighter

02/02/2009

The city of Grand Prairie recently agreed to settle for $150,000 in a retaliation suit brought by a firefighter who says top brass objected when he tried to protect a co-worker from harassment.