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Texas

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Texas legislation would protect LGBT employees

04/13/2015
Texas Sen. Jose Rodriguez has proposed a bill barring discrimination against the state’s lesbian, gay, bisexual and transgender employees.

Keep on top of litigation or face instant liability

04/13/2015
One of the worst things you can do when facing a lawsuit is to ignore legal paperwork that comes your way. As one employer recently learned, missing a single deadline can mean you have no defense and simply have to cough up damages.

Put that phone interview on speaker–and be sure to have a witness!

04/13/2015

When it comes to hiring, it may seem simpler to screen potential applicants via a phone interview. But such conversations lend themselves to misunderstandings. If you must conduct them, do so via speaker and with more than one person participating. That way, the applicant can’t make wild claims when she isn’t hired.

Prepare to justify termination by citing business reasons unrelated to FMLA leave

04/13/2015
Employees on FMLA don’t earn protection against legitimate discipline for reasons unrelated to FMLA leave.

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

Safety first if you opt out of workers’ comp

04/13/2015

Employers that opt out the Texas workers’ compensation system may be liable for negligence and face potentially lengthy and complex litigation when an employee is hurt on the job. The best defense may be to follow all OSHA and state workplace safety rules.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

What are the penalties for bounced paychecks?

04/06/2015
Q. What happens if I miss a payday or my employees’ paychecks bounce when they attempt to deposit or cash them?

What’s the law on how often to pay?

03/10/2015
Q. As a new small business owner, I am unsure of the laws governing wage payment. Are there rules concerning how often I must pay my employees?