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Texas

NLRB issues guidelines for investigating union ‘Salting’ claims

05/30/2008
In February 2008, the National Labor Relations Board’s Office of General Counsel issued two guideline memoranda outlining the board’s rationale in two recent decisions concerning “union salting.” Salting is a strategy in which union supporters apply for employment in a nonunion workplace. The goal is to unionize that company’s work force …

Can a credit card company garnish one of my employees’ wages?

05/30/2008
Q. I have been contacted by a credit card company about garnishing the wages of one of my employees. Can a credit card company garnish wages in Texas?

Can we mandate paying via direct deposit?

05/30/2008
Q. Can a Texas employer require its employees to accept payment of wages through an electronic transfer of funds? …

Seasonal employees and overtime pay

05/30/2008
Q. What are “seasonal employees”? Is it true that an employer does not have to pay them overtime?

Make sure investigation process doesn’t defame employee

05/05/2008
As an employer, you are obligated to investigate employee harassment and discrimination claims. How you handle those investigations can determine whether you’ll have to prepare for later lawsuits. The problem: allegations that you defamed someone while conducting the investigation …

Track discipline to show equal treatment for all workers

05/05/2008
Insist that managers tell HR when they issue any form of discipline, even an oral warning. That way, there’s a record that you can later use to explain why it only looks like a discharged employee was punished more harshly than others who committed the same offense …

Use business necessity as rationale for pre-Employment exams

05/05/2008
Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process …

Minor workplace changes won’t lose discrimination case

05/05/2008
Supervisors often treat employees who have been known to complain about discrimination with kid gloves. But you should explain to managers and supervisors that only adverse employment actions can lead to lawsuits. Minor workplace changes probably won’t provide ammunition for yet another discrimination complaint …

Get legal advice when hiring workers with noncompetes

05/05/2008
When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why …

Discharging ill employee for performance? Better make sure you can prove it

05/05/2008
Courts often suspect the worst when employers fire severely ill employees. A judge may bend over backward trying to find a way to help the employee. An employer that can’t offer concrete, solid and compelling reasons for the termination may very well find itself trying to defend a “regarded as disabled” lawsuit …