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Texas

Don’t sugarcoat reason for termination

09/02/2008

Sometimes, you just know that the reason a supervisor offers in a memo or e-mail for wanting to fire someone is going to look suspicious if the employee ever sues. If you can’t persuade the supervisor to reconsider, resist the temptation to help sugarcoat the situation with a neutral-sounding reason. It will only make matters worse when the employee’s lawyer inevitably discovers the memo or e-mail …

EEOC files bias suit on behalf of Sikh worker

09/02/2008

The EEOC recently filed a lawsuit against the Champion National Security Firm in Richardson, alleging the Texas company did not hire a Sikh who refused to shave his beard and remove his turban. The EEOC is seeking punitive damages, back pay and compensation for pain and suffering caused to Sukhdev Singh Brar …

TWC requests $7.35 million for hurricane disaster relief

09/02/2008

The Texas Workforce Commission (TWC) recently requested $7.35 million in Disaster Relief Employment from the U.S. Department of Labor to help with the state’s recovery efforts following Hurricane Dolly, which barreled through South Texas in July …

Appeals court overturns $33 million verdict against hospital

09/02/2008

In 2006, a federal district court let stand a verdict for $33 million in favor of Dr. Lawrence Poliner, a cardiologist who sued Presbyterian Hospital of Dallas and several hospital physicians after they suspended his hospital privileges for five months following a review of his work.  In a highly anticipated decision, the 5th Circuit Court of Appeals has overruled that verdict …

DOJ and EEOC sue El Paso to enforce settlement agreement

09/02/2008

The U.S. Department of Justice and the EEOC have filed a complaint to enforce a mediation settlement agreement the EEOC entered into with the Housing Authority of the city of El Paso  …

What’s up in Washington: Minimum wage, child labor penalties

09/02/2008

Two key federal laws have changed, affecting how employers handle wage-and-hour issues. A new federal minimum wage went into effect in July, and civil penalties for child-labor law violations increased in May. Here is a summary of each development …

Calculating overtime when the workweek doesn’t correspond to pay periods

09/02/2008

Q. We pay our workers every two weeks. How should we calculate overtime? …

Do temp employees lessen liability?

09/02/2008

Q. We use a full-service employee leasing company. Are we exposed to liability for employment claims brought by leased employees? …

Legal risks of interviewing transgender applicants

08/19/2008
Raul Lopez Jr. is a biological male who presents himself as Izza Lopez, a female. When Lopez applied for a job at a medical clinic, he listed both his male and female names on the application. The company offered Lopez the job, but the HR director demanded to know his biological sex. Then the clinic rescinded the offer …

Legal risks of interviewing transgender applicants

08/15/2008
Raul Lopez Jr. is a biological male who presents himself as Izza Lopez, a female. When Lopez applied for a job at a medical clinic, he listed both his male and female names on the application. The company offered Lopez the job, but the HR director demanded to know his biological sex. Then the clinic rescinded the offer, saying Lopez “misrepresented” himself in the interview …