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Texas Worker's Untimely Administrative Payday Claim Bars Court Suit
A worker who missed a six-month window to file a payday claim with the Texas Workforce Commission can't avail himself of the four-year statute of limitations on pursuing his claim in court. The TWC had found that the worker's administrative claim was time barred, but that he could pursue his case in court. Not so, the Supreme Court has ruled, holding that Texas law allows workers to file in court, or with the TWC, to recover unpaid wages, but not both.When Employees Face Criminal Charges, Employers Face a Dilemma
Here's a unique challenge for corporate America: How do you treat an employee who has been charged with a crime, but not convicted? Employment attorney Jonathan Segal says, "In the criminal justice system, you're innocent until proven guilty. But in the private sector/employment context, that presumption doesn't apply." But plaintiffs attorney Jennifer Salvatore disagrees. She's representing a former DaimlerChrysler Corp. employee who was fired while facing murder charges -- and who later got an acquittal.Lexis Noncompete Contracts Lead to Defection Duel in Federal Court
LexisNexis Risk and Information Analytics Group is seeking injunctive relief and punitive damages in a federal lawsuit that claims former executive Paul Colangelo breached his noncompete agreement by taking a job with a competitor. Litigation based on noncompetes has grown, and many employers are using computer data mining technology to determine if former employees have taken confidential information, attorneys say. LexisNexis said it conducted a forensics examination of Colangelo's work computer.Reduce the Risk of Workplace Violence
According to a Justice Department survey, 18 percent of all violent crimes occurring between 1993 and 1999 were episodes of workplace violence. And employers who fail to take adequate steps to prevent such violence, either by failing to act against potentially violent employees or by failing to provide a secure workplace, can find themselves in serious legal trouble. While no employer can prevent all possible violent crime, there are some steps they can take to reduce the risks.Age Bias Suits on the Rise With Older Employees Working Longer
Baby boomers not shy about asserting their rights have triggered a new wave of age bias lawsuits, creating a host of legal challenges for employers that may not even be aware that discrimination is going on in the workplace.Employment tests may fail legal exam
A growing number of employers are using employment exams-including aptitude tests-to weed out potentially bad hires, a practice that has triggered an increase in complaints and legal actions. The recent boom in online job applications yielding huge numbers of applicants has contributed heavily to the practice, lawyers note, along with post-Sept.Trending Stories
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Meeting the Requirements of California's SB 553: Workplace Violence Prevention
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