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Houston Employment Law Blog

Is it legal to advertise for a job that’s already been filled?

In a previous post, we discussed the growing trend of job interview fraud—the dishonest practice of holding online interviews for jobs that don’t exist. In today’s post, we examine the phenomenon of fake job postings.

Does this sound familiar? You see a job posted online. You submit your application electronically. You wait for three or four weeks until the posting is removed—and you never get called for an interview.

Is a worker considered unemployed while on FMLA?

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The Family and Medical Leave Act (FMLA) allows eligible employees to take off up to 12 weeks of unpaid medical-related leave a year. The employee's job is protected while on FMLA.

In a recent case, an employee's employment status came into question while taking FMLA.

The legal implications of buying a fake job reference

Landing a new job can be challenging. In a competitive job market, employers look for applicants who check all the right boxes. Do you have the right education? Relevant experience? Good references?

But what if your last job didn’t well? Should you lose your chance at your dream job just because you didn’t get along with your last boss?

You may be surprised to learn that age discrimination is real

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Can you get fired for being too old? A Texas man recently sued IBM for age discrimination, becoming the latest employee to accuse the tech giant of terminating employees due to their age.

Is this part of a larger trend for IBM? Here's what you should know about the organization that employs about 6,000 tech workers in the Austin metro area.

How Goodwill exploits disabled workers—and does so legally

We’ve talked in previous post about federal statutes that protect certain classes of workers from discrimination. In today’s post, we discuss the shortcomings of these laws with respect to the disabled workforce.

Under federal law, an employer may not discriminate against a mentally or physically impaired employee on the basis of their disability. A disability is not a reason for an employee to be passed over for hiring or promotion. However, when it comes to wage discrimination, the lines become a bit blurred.

How to recognize job interview fraud

In the age of virtually unlimited connectivity from anywhere in the world, remote jobs are becoming increasingly common. You can sit with your laptop on a beach in Thailand, writing corporate communications for an American marketing firm.

As virtual employees are quickly becoming the norm, so too are virtual interviews. Employers are increasingly turning to Skype or other video chat technologies to vet job candidates. However, the growing trend towards online interviews has created an opening for scammers to take advantage of unsuspecting job applicants.

When is an employer not required to pay minimum wage?

In a previous post, we discussed the minimum basic compensation that most employers are legally required to pay under the Fair Labor Standards Act (FLSA). In today’s post, we discuss common exceptions to the rule—job categories where requisite compensation is not as cut and dried.

Exceptions to the federal minimum wage rule

What you should know about pumping in the workplace

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Are you a new mother? Is your boss reluctant to give you time and a place to pump? Do you know your rights as a nursing and working mom?

A working mother was denied a private space and time for pumping by her employer, so the Department of Labor recently sued the Lubbock business earlier this year. Working moms who need to pump breast milk during work hours have specific protections in Texas. Here's an overview for you.

Is it worth it to sue over unfair wages?

Being in an oppressive work environment is similar to being in any kind of abusive relationship—it can be emotionally devastating. When you’re treated poorly, you can be made to feel like you deserve such treatment—and that you have no course of action against it.

If your wages are unlawfully low, you may be concerned that the legal fees associated with a lawsuit would likely overshadow any compensation you could receive. If you’re an undocumented worker, your manager may make you feel like you have no right to fair pay.

What to do if you witness sexual harassment at work

Over the last year, the #metoo movement has made sexual harassment a subject that people are increasingly willing to talk about and seeking justice for. In our blog, we have dedicated many posts to subjects surrounding this disturbingly frequent violation. Much of the discourse has, understandably, focused on the victim and the perpetrator.

In today’s post, we approach this issue from a different angle: from that of the witness. If you observe sexual harassment towards a colleague, you may feel uncomfortable. You may recognize the behavior is wrong. But you may feel powerless to help.

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