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Texas

Union president in Longview sentenced for embezzlement

12/16/2013
A federal judge has sentenced the former president of GMP Allied Workers Local 284 to 12 months and one day in prison after he pleaded guilty to embezzlement charges. The union official admitted taking $124,181 from the Longview-based local between 2000 and 2011.

5th Circuit adds confusion to OT in misclassification cases

12/02/2013
It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Texas sues EEOC over background check guidelines

12/02/2013

The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013
In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

Stormy weather: How to pay when Old Man Winter causes absences

12/02/2013

When harsh winter weather bumps up against the FLSA, the result can be a blizzard of pay problems for you. Employees often come in late, leave early or miss work altogether. How should you count their hours—and their pay? Here’s a flowchart that breaks down your options.

No adverse action means no constructive discharge

12/02/2013
Earlier, we reported on a case that concluded a high-stress environment isn’t grounds for quitting. It’s back.

Check settlement agreements for precise ADEA language

12/02/2013
When an employee promises not to sue for age discrimination and accepts money in exchange for that promise, he can revoke that agreement unless it contains some very specific language. But the revocation can only apply to the age discrimination claims, not others. Those remain settled.

Even one employee in Texas? Then he can sue you in Texas courts

12/02/2013
Don’t assume that just because your company is not located in Texas, you can’t be sued in the state. As long as your company employs someone in Texas, that’s enough.

Ensure computer policy is clear: No using tech for nonbusiness purposes

12/02/2013
Here’s good news you can use to warn employees against misusing company computers and other technology for their own benefit, to compete or to commit fraud: Employees can’t argue that because they received the equipment to use, they are authorized to access information for purposes unrelated to business.

Pregnancy Discrimination Act doesn’t require accommodation of pregnancy complications

12/02/2013
The PDA outlaws treating pregnant women worse than employees who aren’t pregnant. However, it doesn’t require affirmative steps to help them deal with complications. Employers are complying with the law if they give pregnant women the same time off or temporary light work assignments they give other temporarily impaired workers.