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Employment Law

EEOC: Texas awards grew in 2009, even as complaints fell

03/01/2010

Texas workers who complained about workplace sexual harassment, religious intolerance, and age and race discrimination collected $2.7 million more in FY 2009 than they did in 2008.

Prepare for parades, pickets and bullhorns: Court lifts limits on many strike activities

03/01/2010

Here’s a bit of bad news for employers with union-represented employees who are considering going out on strike: A recent 5th Circuit Court of Appeals ruling has struck down a number of picketing permit restrictions passed by local ordinance. The decision’s basis: unions’ right to free speech. The result may be some very public protests by labor unions when disputes spill over.

Hiring work-release prisoners? Some aren’t covered by FLSA’s pay, overtime rules

03/01/2010

If you’re considering hiring inmates through a work-release program, carefully weigh whether you will have to pay them as regular employees under the FLSA, or whether you may be able to pay them less. According to a recent 5th Circuit decision, prisoners specifically sentenced to hard labor may not be covered by the FLSA. Their employers may pay them less than minimum wage, and they’re not eligible for overtime pay.

Retaliation: General griping isn’t protected activity

03/01/2010

Employees sometimes gripe rather generally about working conditions. If those complaints don’t relate to some specific allegation based on protected characteristics like sex, age, national origin or the like, courts probably won’t consider the complaint protected activity that sets up a retaliation lawsuit.

Mere ‘cold shoulder’ doesn’t a hostile environment make

03/01/2010

Don’t worry too much about having a perfectly cordial workplace. As long as the workplace is relatively harmonious, courts won’t step in, as the following case shows.

Freeport HR director sues for defamation, retaliation, bias

03/01/2010

A former city of Freeport HR director has sued the municipality and one of its administrators for defamation and retaliation, and is charging that she was paid less than a male co-worker. Minette Ashley filed suit in Brazoria County District Court after City Manager Jeff Pynes fired her and then accused her of bias.

Age taunts earn $75K for former North Richland Hills employee

03/01/2010

The city of North Richland Hills will pay $75,000 to a former employee to settle a suit claiming that the worker was forced to resign after being continually taunted that he was too old to do his job. The lawsuit said city workers repeatedly ridiculed Robert Coffman, saying he was too old to keep up, that he made too much money and that he should quit.

Must we pay for unauthorized overtime?

03/01/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

Do we need to get proof that employees who drive have licenses and insurance?

03/01/2010

Q. Some of our employees have jobs that require some driving. Do we need to ask these employees for proof that they have driver’s licenses and insurance?

Poor performer getting ax? Don’t rush process

03/01/2010

You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.