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Employment Law

Don’t dock exempt workers’ pay for lost equipment

08/01/2006

While you can set a policy that deducts from nonexempt employees’ wages if they damage or lose company equipment, don’t extend that policy to exempt employees or you’ll risk their exemption status …

Online tool helps workers earn back wages

08/01/2006

The Labor Department’s Wage & Hour Division launched a new Back Wage Employee Locator online tool to help people determine if they’re owed back wages as the result of an investigation …

IRS warns about independent contractor errors

08/01/2006

The IRS issued a fact sheet this summer to remind employers to correctly classify workers as either independent contractors or employees. (IRS FS-2006-21) The main factor: control …

Employer not liable for acts by independent security staff

08/01/2006

If your organization contracts out security services, the Texas Supreme Court has just handed you a substantial victory that makes it less likely you’ll be liable if your independent-contractor security guard injures someone …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

You can’t push contract-Breach case to federal court

08/01/2006

If you’re a Texas employer that agrees to settle an on-the-job injury case out of court, be prepared to follow through. If you don’t, you just may find your organization in a less favorable Texas court defending itself against breach-of-contract claims. And that can mean a big, fat award from an angry Texas jury …

Stick to FMLA certification rules, or lose your rights

08/01/2006

Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member’s illness. If you don’t follow the FMLA’s rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee’s leave request …

Texas court: Prisoners aren’t entitled to the minimum wage

08/01/2006

Compelling a prisoner to work without pay is not illegal, a federal court has ruled in considering a Texas inmate’s request. The prisoner worked in the prison laundry and claimed he should be paid at least the federal minimum wage …

Case study: Look closely at consultants’ motives

08/01/2006

The Texas Insurance Commission filed charges against consulting giant Mercer HR Consulting and its client, the Houston Independent School District, claiming the company had charged the school district $20 million since 2000 and then gave the district more than $800,000 in rebates …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …