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January 2017 Archives

Are you owed overtime for your work at a day-rate job?

Many employers in the oil and gas industry simplify their bookkeeping and streamline their payment processing by switching from an hourly rate pay schedule to a day rate or a shift rate for the work. This can be a great way for both the employer and employee to make the administrative work of tracking labor and payment easier, because it adds flexibility around start and stop time expectations, break time management, and other sideline issues that often increase the amount of effort it takes to track compensated time.

Possible ways to prove country of origin discrimination

Texas workers may have heard about an employment law case brought by 30 employees who say that they were unlawfully replaced. They claim that they were replaced because of their race and national origin by foreign workers who held HB-1 temporary work visas. According to the Justice Department, those and other workers could have valid citizenship discrimination claims under the Immigration and Nationality Act.

EEOC proposes new anti-harassment guidance

The EEOC is asking Texas residents and others to comment on its proposed enforcement guidance related to unlawful harassment at work. If the guidance is adopted by the agency, it would replace guidance that was issued in the 1990s and a segment of the EEOC Compliance Manual on sexual harassment. The guidance would provide clear examples of what would and would not constitute harassment at work in the EEOC's opinion.

New enforcement rule issued by the Department of Justice

Texas employers are prohibited from discriminating against applicants and employees on the basis of their national origin. This type of discrimination sometimes occurs during the hiring process when workers are asked to submit additional documents beyond what is needed in order to prove their authorization to work. In late December, the U.S. Department of Justice issued a final rule regarding this issue.

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Houston, TX 77002

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