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Employment Litigation Archives

Top 5 Ways Employers Violate The FLSA

Violations of Fair Labor Standards Act (FLSA) by Texas employers are common. However, these are rarely intentional violations. Employers do not often knowingly break the law. They break the law because they are unaware of what they are required to do. Their biggest mistake is simply not taking the time to examine their policies and procedures to make sure they are aligned with the current law.

4 Steps to Take if an Employee Claims They Were Sexually Harassed

Let's say that you have a zero-tolerance harassment code of conduct in place at your business. You have defined what the behavior is and educated the employees. It goes well beyond the obvious inappropriate behavior (touching, unwanted romantic overtures, sharing NSFW photos, graphic commentary on an individual's appearance) to include just plain verbal harassment, quid pro quo sexual propositions for promotions, or behavior that creates a hostile work environment. You have made a point of educating the staff (both male and female members), but unfortunately these rules allegedly went out the window.

Employers: Are You Reporting Serious Injuries To OSHA?

Thanks to a new law that went into effect on January 1st of 2015, employers are required to immediately report all serious workplace injuries to the Occupational Safety and Health Administration (OSHA). However, OSHA says that not all employers are doing as required. It estimates that 50 percent of the severe injuries suffered in the workplace went unreported by employers last year.

Life Alert sued for employment discrimination

Texas residents who are familiar with Life Alert products that are marketed to elderly consumers may be surprised to learn that the company is being sued for age discrimination and sexual harassment. On May 6, a former employee of Life Alert Emergency Response Inc filed a $7 million lawsuit after he claims he was fired for his age, cancer diagnosis and objections to sexual harassment.

Walmart facing lawsuit from union over store closures

Walmart is facing a lawsuit from a labor union after closing five of its stores in Texas, Oklahoma, Florida and California. According to the National Labor Relations Board claim that was filed by the United Food and Commercial Workers International Union on April 20, the retail giant closed the stores to retaliate against workers who were trying to organize.

Understanding the law surrounding employer retaliation

Texas businesses may be interested in some information about the legal standard for employer retaliation cases in the U.S. According to the United States Supreme Court, retaliation isn't limited to just firings and pay cuts; it can come in many forms.

Are non-complete agreements enforceable in Texas?

A company in Texas may ask an employee to sign a non-compete agreement as a condition of employment. However, there may be limitations as to what can be included in the agreement. Typically, courts prefer that competition is increased in the marketplace instead of restricted. Therefore, a business may need to prove that it would be harmed if the non-compete agreement was not put into effect.

Non-compete agreements can be powerful tools when used correctly

If your business depends on its intellectual property and proprietary information to maintain a competitive edge, it’s important to protect these assets whenever possible. In many cases, the best way to do that is to ask your employees to sign a non-compete agreement.

Why your business (of any size) needs an HR manager

When many small business owners start their company, most know exactly what products or services they want to offer and how to differentiate themselves from their competitors. They may even know exactly what they want their future office to look like once the company grows.