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Texas

When pay is issue, multiple lawsuits possible

09/02/2014
Here’s a warning about equal pay and the ongoing effects of past discriminatory decisions: Unless you fix the problem, an employee could file multiple lawsuits.

Internal report of wrongdoing not enough to trigger whistle-blower protection

09/02/2014
Texas public employees are protected from retaliation for reporting wrongdoing to an appropriate law enforcement agency. But except in very rare cases, it’s not enough to file an internal complaint that someone within the employee’s agency is breaking the law.

Never retaliate for wage complaint–unless you’re prepared to pay big bucks!

09/02/2014

If you “shoot the messenger” and punish an employee who points out your wage-and-hour mistakes, a judge just may smack you back with a huge monetary penalty. That’s what appears to have happened in a recent Texas case.

It may be scandalous, but reporting co-worker sexual shenanigans isn’t protected activity

09/02/2014

Employees who report what they perceive as offensive sexual conduct to their employer may think they are engaged in so-called protected activity. That’s rarely the case. While the sexual activity they observe may indeed be offensive in the workplace, reporting it doesn’t mean the employee suddenly has protection from retaliation.

Court: Employees need to grow thicker skins

09/02/2014
Few people like working in a place where supervisors and co-workers make smart comments, raise their voices or engage in other anti-social (and unpleasant) behavior. But that doesn’t mean that sensitive employees can sue their employers anytime their feelings are bruised.

Prepare to explain each step in hiring process

09/02/2014

These days, employers get many more applications for open positions than they can possibly interview. But each of those applicants is a potential litigant. If you use a complicated hiring process with two or more steps, be sure you can explain how each step relied on objective, unbiased assessments of applicant qualifications.

Are we liable for male-female pay disparities?

07/31/2014
Q. The company that I own has been in business since 1930. We recently performed an assessment of positions and salaries and discovered that our male executives are paid higher salaries than female counterparts. Are we liable for any unfair business practices?

How far can I go to ban guns at work?

07/31/2014
Q. As the owner of a Texas company, I want to institute a policy that strictly forbids employees from bringing guns to work—both into the office building and in the parking lot outside. Can I legally draft such a policy?

What employee thresholds trigger need for notification of plant closings?

07/31/2014
Q. I am the owner of several industrial facilities, but recent financial crises have forced me to have to shut down two of these plants. These closings and subsequent layoffs will affect about 600 employees. Am I re­­quired to notify the employees before laying them off?

Policies can protect you from liability for employee torts

07/31/2014
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases—if they have implemented the appropriate policies.