• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008
When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

CNBC ranks Texas nation’s top state for business

08/04/2008
A recent study conducted by CNBC concluded that Texas is “America’s Top State For Business.” The cable TV news study scored each state on 40 measures of competitiveness covering 10 categories … Texas’ highest rankings were in economy, technology and innovation, transportation and cost of living.

New bill gives unemployed Texans 13 more weeks of benefits

08/04/2008
The Texas Workforce Commission recently announced that federally funded unemployment insurance (UI) benefits will be extended for 13 weeks. On June 30, President Bush signed legislation authorizing Emergency Extended Unemployment Compensation …

Plant owners—And managers—Charged with employing illegals

08/04/2008
The owners and three managers of Action Rags USA, a used clothing plant in Houston, have been charged with conspiracy to harbor illegal immigrants and inducing illegal immigrants to come to the United States …

Rep. Green asks for investigation into fatal Goodyear explosion

08/04/2008
U.S. Rep. Gene Green, D-Houston, in a letter to the U.S. Chemical Safety and Hazard Investigation Board (CSB), called for an investigation into the fatal explosion that occurred June 11 at a Houston Goodyear facility that makes synthetic rubber for tires …