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Employment Law

Indiana Temporary Foreign Labor Certification Act

02/01/2007

Indiana employers that want to hire foreign workers for specific temporary jobs must jump several hurdles. You must show that no qualified American workers are available for the position. Before advertising a position, you must obtain a prevailing wage statement from the Indiana Department of Workforce Development …

Indiana Law on Jury and Witness Leave

02/01/2007

Indiana employers can’t punish employees who are summoned to serve as jurors or witnesses in court. Even though you needn’t pay employees for jury duty, you can’t force them to use annual, vacation or sick leave during that time off …

Indiana Child Labor Law

02/01/2007

Indiana’s child labor regulations generally follow federal law but have some interesting twists that can trip up employers. Minors are prohibited from working in any hazardous occupation designated by the federal Fair Labor Standards Act. Children ages 14 and older must obtain a work permit signed by their parent or guardian and approved by their school. Employers hiring minors must insist on verifiable proof of age. You may not use the fact that a minor misrepresented his or her age as a defense …

Local Ordinances in Indiana

02/01/2007

Local governments in Indiana sometimes legislate their own rules for employers within their jurisdictions. For example, some municipalities have living-wage laws stipulating higher pay than the state minimum wage ($5.85 per hour), while others ban discrimination based on sexual orientation and gender identity …

Disabled Applicants

01/30/2007

HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified applicants on the basis of a physical or mental disability. The law allows you to ask about an applicant’s ability to perform a job’s essential functions but not about a specific disability …

Negligent Hiring

01/30/2007

HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative …

English-Only Policies

01/30/2007
HR Law 101: If you’re thinking of establishing an English-only policy for your workplace, be aware that you risk incurring the wrath of the EEOC. The agency is strongly opposed to English-only rules and will prosecute employers that commit this type of national-origin discrimination…

Texas Unemployment Compensation Act

01/15/2007

Texas unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered by the Texas Workforce Commission …

Texas Workers’ Compensation Act

01/15/2007

The Texas workers’ compensation system is designed to replace the wages of employees who miss work due to on-the-job injuries. The system works as a no-fault guarantee. Employees who can show they were injured while working are entitled to a portion of their earnings and paid medical care for those injuries. They needn’t prove their employer was negligent. In exchange, injured employees can’t sue employers for negligence …

Texas Law on Employment Discrimination for Participating in Emergency Evacuation

01/15/2007

Anyone who has lived through a rough hurricane season in Texas understands the disruption that an emergency evacuation creates. Such evacuations and subsequent returns cause real hardships for employers. But employees who evacuate their homes and jobs are protected from discriminatory employment actions due to the Texas law on Employment Discrimination for Participating in Emergency Evacuation …