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Texas

Are employers liable for negligence if they hire employees with prior criminal convictions?

07/15/2015
Q. I am considering hiring a few job applicants who have prior criminal convictions on their records. Can I be liable for negligence if one of these individuals breaks the rules again?

What happens if we bounce a paycheck?

07/15/2015
Q. What are the penalties for failing to make timely payments or for issuing a paycheck that bounces under the Texas Payday Law?

What the new Texas ‘open carry’ law means for employers

07/15/2015
In March, the Texas Senate passed legislation allowing holders of concealed handgun licenses to carry holstered handguns in plain view. In April, the Texas House of Representatives passed H.B. 910, its version of the “open carry” law.

NLRB forces bakery to rehire workers, pay back wages

07/15/2015
Omaha, Nebraska-based Skinner Bakery will rehire six workers and pay more than $112,000 in back pay at its Paris, Texas, facility following a National Labor Relations Board ruling.

Judgment Day for ministry on pregnancy bias

07/15/2015
A federal judge has ordered the Houston-based United Bible Fellowship Ministries to pay a former employee nearly $75,000 in back pay and damages because of the nonprofit’s policy prohibiting pregnant employees from working and barring the hiring of pregnant women.

Court upholds new NLRB rules on elections

07/15/2015
A new NLRB rule that will make it easier for unions to organize a work site has been upheld as a valid exercise of the NLRB’s regulatory authority.

Tell employee that she’s nearing FMLA eligibility

07/15/2015
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Settlement agreement may not kill OT claims

07/15/2015
The 5th Circuit Court of Appeals has ruled that settling a state court lawsuit over a noncompete agreement (with a payment and an agreement that supposedly included all employment claims) didn’t bar the former employees from suing for unpaid overtime that they claimed was owed to them under the Fair Labor Standards Act.

Questionable conduct? End it and move on

07/15/2015
Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

Speaking up at staff meeting generally not protected by the First Amendment

06/24/2015
Public employees have the right to free speech and can’t be punished for exercising it. But that doesn’t mean they can say anything, anywhere. The exercise of free speech must concern a matter of public importance and not be done as part of the employee’s job.