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Texas

Another reason to keep good records: Proving when you made decision to terminate

05/29/2015

Could you explain to a court exactly when you decided to fire an employee? If not, you need a system for tracking your decision-making process. That can be invaluable, as this case shows.

No such thing as ‘overqualified’: Don’t automatically reject skilled older applicant

05/29/2015
Older workers tend to have more overall experience and may seem overqualified for entry-level positions. Don’t reject those candidates, though. Doing so may set you up for a discrimination lawsuit.

Houston strip club owners appeal jury’s award to dancers

05/29/2015
The legal dance between Tiffany’s Cabaret in Houston and two former performers is not quite over. The club’s parent company has appealed a jury’s six-figure award to the exotic dancers.

Transfer usually not adverse employment action

05/29/2015
It’s illegal to punish employees for engaging in protected activity. But for an employer to be liable, the punishment would have to be significant. Minor changes in an employee’s job aren’t enough.

Retaining younger workers but terminating older ones? Better have a good reason

05/08/2015
If you happen to fire an older worker but retain younger ones, you should expect a potential age discrimination lawsuit. If you’re prepared, you stand a dramatically better chance of winning.

How can we structure a policy that lets us search employees’ belongings?

05/04/2015
Q. I am worried that some of my employees are storing illicit or illegal items at work. Is there a way for me to legally search their belongings?

Which laws cover military leave?

05/04/2015
Q. Some of the employees at my construction company are members of the military and scheduled for active duty in the near future. What laws and regulations apply to me and my employees who are in the military?

Can smokers claim an ADA disability to justify taking lengthy smoke breaks?

05/04/2015
Q. I own and run a paper company in Texas. Some of my employees who are cigarette smokers regularly take more breaks than the two, 15-minute breaks that are allowed under their employment contract—and some of the nonsmokers in the office are getting angry. When I confront the smokers about this conduct, I am increasingly hearing them make an unusual claim—that they have a “disability” and are protected by law. What should I do?

In Texas, decisions raise bar on waiver of arbitration agreements

05/04/2015
Two recent decisions from the Supreme Court of Texas and the 5th Circuit Court of Appeals are reminders that, under Texas law, it is difficult for employers to waive arbitration agreements.

Activist’s challenge to equal rights rule fails

05/04/2015
An antigay activist has failed in his attempt to defeat the Houston Equal Rights Ordinance, which would recognize sexual orientation and gender identity as protected classes.