We all have different memories of Memorial Day. Some remember hot dogs and trips to the lake. Some remember a grandfather or uncle who served in World War II or Viet Nam. I remember 1SGT Saenz. We all met at Ft. Jackson on March 13, 2005. We numbered a little over a hundred members of
Deductions from Paycheck Must be Authorized
A frequent issue arises concerning the right of an employer to deduct debts from an employee’s paycheck. Texas Workforce Commission recognizes three occasions when an employer may make such deductions: 1) in response to an order from a competent court, such as for child support; 2) state or federally mandated withholdings; and 3) when authorized
How to Read an Employment Contract
My colleague in California, Gene Lee, has written a couple of nice entries about how to read an employment contract. See this post for part 1 of his series on reading contracts. Note the information regarding which state law governs the contract. In today’s business world, employment contracts frequently involve two, three states or more.
Zero Tolerance Policies Have Limited Utility
A reader calls me about a friend. He called me in response to my entry about drug testing and zero tolerance policies. My entry actually was based in part on another blog entry by Mike Maslanka, a noted employer side attorney. Mike’s point and mine was that an employer should be prepared to allow exceptions
National Unemployment Rate Up
The latest numbers tell us that unemployment rate has risen nationally to 9.9%. But, anaylysts say, that is a good thing. See report. Since, the rise means more people have returned to looking for jobs due to the rise in new jobs.
Texas’ unemployment rate has rose slightly from 8.2% to 8.3. See
Houston Prohibits Discrimination Based on Sexual Orientation
Houston added gender identity and sexual orientation as protected classes to its anti-discrimination policies. The policy prohibits discrimination, retaliation or harassment based on gender identity or sexual orientation in contracting, the City’s hiring practices and in City vending activities. Houston, of course, just recently elected its first openly gay mayor. See report.
LCPL Clark Killed in Afghanistan
LCPL Phillip Clark was killed in Afghanistan. His wife, Ashton Clark, a 2009 Clark High School graduate, San Antonio, said Phillip was the life of the party. She said they planned to buy a home and have a baby when he returned. See report. She and her husband were married just before he left
Novartis Must Pay $250m in Punitive Damages
The jury returned an award of punitive damages in the amount of $250 million against Novartis Pharmaceuticals. See report. I discussed this case the other day. This is the case where a manager told a female applicant, apparently when discussing flex time, "First comes love, then comes marriage, then comes flex time and
Failure to Follow Progressive Discipline Helps Show Discrimination
Progressive discipline. I wish I had a nickel for every potential client who told me the employer did
not follow the progressive discipline policy and, instead, fired the potential client after only one (or none) write-ups. Well, as I have mentioned elsewhere on this blog, the employee handbooks are not binding on the employer. Many
What Not to Say to a Female Applicant
A case arising out of New York demonstrates what not to say when a woman applies for a job. One male manager reportedly responded in an interview with a female applicant, "First comes love, then comes marriage, then comes flex time and a baby carriage." This comment and others helped provide good evidence for a