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Texas

Harris Health System pays out $4M for back OT

10/31/2013
Harris Health System in Houston will pay out more than $4 million in back pay after it failed to include incentive pay when calculating overtime for thousands of hourly staff members.

Kroger to pay $450,000 for disability bias in Plano

10/31/2013
A federal jury has awarded $450,000 to a mentally disabled former Kroger grocery store employee in Plano whose manager constantly insulted him. The EEOC filed a disability discrimination lawsuit on the employee’s behalf in 2012.

When bias claims fly, beware lenient courts

10/31/2013
Here’s an important factor to consider when terminating an employee who has recently complained about alleged discrimination of some sort: If she can show at least a tenuous connection between her complaint (like its timing) and her discharge, she will probably be able to proceed with her lawsuit.

Use progressive discipline system to build documentation that justifies termination

10/10/2013
Progressive discipline systems force supervisors to follow the steps in the process, which helps employers document what happened and when. That can come in handy if the employee files an EEOC complaint and then claims she was fired for doing so.

Good faith is good enough for discipline

10/10/2013
When you are investigating em­­ployee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.

What rules must we follow if we must lay off work-visa employees?

10/02/2013
Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?

Can we require overtime work?

10/02/2013
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

How state’s new trade-secret law protects Texas businesses

10/02/2013
The Texas Uniform Trade Secrets Act (TUTSA) took effect on Sept. 1. Trade secrets have long received protection under Texas common law. However, TUTSA gives companies additional safeguards and expands the legal remedies to address harm when a former employee misappropriates trade secrets.

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

EEOC: Employer made biased bed, may have to lie in it

10/02/2013
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.