Los Abogados y Asistentes Hablan Español
Schedule A
map & directions

Houston Employment Law Blog

New federal program provides faster resolution to FLSA breaches

If you are an employer who has inadvertently violated the overtime or minimum wage standards set forth in the Fair Labor Standards Act (FLSA), the Department of Labor (DOL) has just released a new program that could help you out. The program—currently in the pilot stage—is called the Payroll Audit Independent Determination (PAID) program.

This voluntary program enables employers to come forward and easily resolve non-compliance issues—without being subject to the penalties they would otherwise face. The PAID program is available to any employer covered by the FLSA, provided that the employer is not already undergoing litigation or investigation by the DOL.

How should employers handle employees accused of domestic abuse?

If one of your employees is accused of domestic violence, what is your responsibility as an employer? Domestic abuse may seem like a private matter, but it also has implications on the workplace.

As an employer, you want to do what’s best for your company and your employees. However, you also need to keep in mind what actions may put you at risk of a lawsuit. Today we examine some key considerations in dealing with domestic abuse allegations.

Were you told to keep silent about sexual harassment at work?

hush money.jpg

Last month, 50 state attorneys general decided to band together in an effort to end the silence surrounding sexual harassment lawsuits. In a letter to U.S. congressional leaders, the attorneys general urged Congress to stop forcing victims into arbitration.

What is arbitration?

Arbitration is a less expensive and more private way to handle legal disputes. By letting a neutral arbitrator resolve disagreements between parties, people and businesses can avoid going to court and airing their dirty laundry in public.

How does arbitration keep harassment victims silent?

Retribution for reporting sexual harassment


Sexual harassment on the job is far too common. Even worse, when it is reported the victim is often targeted for humiliation and retribution, including being fired. This is very much illegal under Texas law and the subject of many lawsuits.

A recent case here in the Houston metro area highlights how common this is and how dramatic action has to be taken. A suit was filed by a police officer in Huntsville for wrongful termination after an investigation into her claims of constant harassment over many years resulted in her firing.

Can Facebook audience targeting lead to employer discrimination?

If you’ve ever created a Facebook ad before, you know there’s more to it than just drafting some catchy copy and publishing it online. Facebook allows you to customize your audience—a seemingly harmless concept that allows you to make sure your ad ends up in front of the people most likely to be interested in the product you’re selling. If you’re putting on a rock concert in San Antonio, for example, you probably don’t need a classical musician in Baltimore to see know about it. Facebook allows you to set your audience parameters so that your ad will only appear to the people you’re targeting.

In recent years, employers have increasingly turned to social media to advertise job openings. But what happens when an employer posts about a new position and only makes the advertisement available to Facebook users in a certain age group? Is this a form of age discrimination?

How Texas employers can (and can’t) use your biometric data

Employers across the country are increasingly using employees’ biometric data—e.g., fingerprints, retina scans and facial recognition software—as a form of identification. This technology offers a number of advantages to employers. Employee identification badges can be lost, and passwords can be stolen—which could give unauthorized persons access to sensitive company data. Biometric data, however, is not subject to either of these risks.

While this method of identification provides an added level of security in some regards, it also brings issues of employee privacy into question. Employees of a Chicago-based company have filed a class-action lawsuit against their employer for unlawfully using their biometric information. According to the plaintiffs, their employer violated privacy law by improperly requiring employees to scan their fingerprints as a means of clocking their working time. The lawsuit alleges that the employer failed to:

Good news for common victims of hiring discrimination

As the economy has been steadily recovering from the recession that hit a decade ago, the unemployment rate has been decreasing, and more jobs have been opening up. For years, this trend has primarily benefited top-tier candidates—the highly qualified and educated strata of the unemployed population. Joblessness for marginalized groups, however, has remained a problem.

Until now. The tides are beginning to turn, and subsets of the population that have historically faced challenges and discrimination in entering the job market are finally having their day. New employment data demonstrates a steep drop in unemployment rates for people without a high school diploma as well as for those with disabilities, criminal records and extended periods of unemployment.

Does the ADA protect against obesity discrimination?

Is obesity considered a disability—deserving of the same employment protections as other mental and physical impairments under the Americans with Disabilities Act (ADA)? This is a question which was recently posed to a California court.

Ketryn Cornell was a high-achieving employee at the Berkeley Tennis Club for more than 15 years. She has been severely obese for all of her adult life. When the tennis club hired Rigoberto Headley as the new general manager in 2012, he allegedly began making derogatory comments about Cornell’s weight—both to Cornell and to other colleagues. Headley then reduced her hours and hired a petite woman to take over some of her job duties. He ultimately fired Cornell after accusing her of hiding an audio recorder in the board of directors’ meeting room—allegations which Cornell denies.

Just fired from your job? Here's what to do now.

just fired woman.jpeg

Whether you loved or hated your job, getting fired is never easy. If you recently found yourself on the receiving end of a pink slip, you may be wondering what to do next. It's okay to feel sad, mad or just bad for a couple days, but then you need to kick it into gear.

Potential employers are looking for positive people who bring good vibes, energy and ideas to the table. Here are some tips for what to do next to get yourself up and out the door to your next great opportunity:

  • Multi-Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Board Certified | Texas Board of Legal Specialization | Labor and Employment Law
  • Super Lawyers
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • AV | AV Preeminent | Martindale-Hubbell | Lawyer Ratings
  • Legal Leaders | 2017 Top Rated Lawyers | Spring Litigation
Short Form Image

Take The First Step.

We’re here to help YOU. Tell us a little about your case below:

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to topBack to top