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Compensation & Benefits

What’s the Texas law on voting leave?

11/01/2010
Q. We have had a hard time determining whether we must allow employees to miss work so they can vote? So this isn’t a problem in 2012, what rules must we follow?

What kind of information are we required to give participants in our health insurance plan?

11/01/2010
Q. We just received a letter from an employee who has requested a copy of our medical plan. Are we required to provide this information to her?

Supremes at work: 8 key employment law cases on docket

11/01/2010

Can the federal government require contract employees to disclose their use of illegal drugs? Can states sanction employers that knowingly hire unauthorized aliens? The U.S. Supreme Court will decide these and other issues in its new term, which began in October.

No contract with employees? Feel free to change terms of employment

11/01/2010

Employers that don’t require employees to sign employment contracts are free to change the terms of employment anytime they want. By staying on the job, employees legally accept the new terms and become bound by them. That’s true even if they continue working under protest. Their only remedy would be to quit and sue over the change.

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

Raises averaging 2.5%, forecast at 3.0% in 2011

11/01/2010
Raises for low performers are averaging 0.7% in 2010, while high performers are pulling in average raises of 3.7%, says a new WorldatWork survey of 2,500 employers. The survey forecasts higher raises in 2011.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

3rd Circuit: Ledbetter Fair Pay Act doesn’t apply to failure-to-promote cases

10/29/2010
Here’s a bit of good news for employers worried about lawsuits that may crop up years after a faulty employment decision was made. The 3rd Circuit Court of Appeals has refused to expand the impact of the Lilly Ledbetter Fair Pay Act, which says that each paycheck that is lower than it should be because of a past discriminatory act can be the basis of a new lawsuit.

When showing up for work is essential, you don’t have to accommodate with lax schedule

10/29/2010
Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

 

Dallas employers team up to change health care benefits

10/29/2010

Nine employers in the Dallas/Fort Worth area have teamed to align their health benefits so they are more “value-based” and encourage employees to adopt healthier lifestyles. Part of a national initiative known regionally as the Texas Health Strategy Project, the effort aims to give workers easier access to high quality, evidence-based and cost-effective health care by reducing barriers to essential services.