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Texas

Thinking about skipping workers’ comp? Get ready to risk unlimited liability

07/07/2014
Here’s something to consider before you choose not to be a part of the Texas workers’ compensation system. Employers that forego coverage—as they are permitted to do—leave open the possibility of unlimited liability and have few defenses available.

Remind supervisors: You don’t tolerate name-calling, especially when it’s race-based

07/07/2014
If there is one thing that will get a federal judge’s attention, it’s name-calling that targets a particular race or ethnicity. While one comment may not be enough for a lawsuit, repeated name-calling almost certainly demonstrates hostility. That’s especially true if a supervisor makes the comments.

Need to alter duties? Document the reasons

07/07/2014

Employers have the right to manage their workforces in the most efficient way possible as long as they don’t discriminate. As a practical matter, that means employers should think ahead to a potential lawsuit when making significant workplace changes such as reducing the workforce, consolidating positions and reassigning work.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Changing job assignment soon after hire? That may be deemed a demotion

06/16/2014
Here’s a cautionary tale about changing a new employee’s job duties soon after hire. He or she may claim the real reason is discrimination if the change happened soon after a new boss discovered the employee belonged to a protected class.

In a layoff, must we provide severance pay?

05/28/2014
Q. Our company is going to lay off several employees. Are we required to provide severance pay to those employees? If we provide severance pay, can we demand that employees sign a severance agreement stating that they will not sue the company?

How should we handle an upcoming transfer of foreign executive to the U.S.?

05/28/2014
Q. Our company is planning to move an executive from one our overseas divisions to head an important short-term project here in the United States. What type of visa will he need? Any immigration basics you can provide would be helpful.

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.

Age bias charges filed in wake of academic split

05/28/2014
When Texas Southmost College and the University of Texas-Brownsville ended their affiliation, administrators faced some tough decisions. According to three new lawsuits, they didn’t choose wisely.

San Antonio fast food franchisee hit with OT suit

05/28/2014
A San Antonio area franchisee faces charges he failed to pay proper overtime to his employees. Wessam “Sammie” Aldeeb operate eight restaurants, including Subway, Great American Cookies and Marble Slab Creamery stores. A recently filed suit seeks class-action status for at least 125 current or former employees of Aldeeb’s franchises.