• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Health care employers: Negligent hiring harder to prove

09/01/2006

A recent Texas Court of Appeals case is good news for employers who run health care facilities, such as mental health centers. Reason: Patients who claim that the facility negligently hired employees who subsequently assaulted the patient will have to meet the very stringent rules on the Texas Medical Liability and Insurance Improvement Act …

Texas employer honored for disability hiring

09/01/2006

The EEOC recently honored Fluor Corporation of Sugar Land, Texas, as one of seven companies across the country cited for their efforts in promoting inclusion of people with disabilities in the workplace …

Court ruling may discourage jobs for the financially troubled

09/01/2006

A new ruling by the 5th Circuit Court of Appeals (which includes Texas) may encourage people who file Chapter 7 bankruptcy to remain unemployed until the court finalizes their bankruptcy …

Employee blogs raise privacy, confidentiality issues for employers

09/01/2006

Most organizations have comprehensive Internet, e-mail and electronic communications policies that spell out what’s acceptable usage and what’s not. But few employers have addressed a growing problem: the proliferation of employee Web logs, or "blogs" …

Does FMLA cover leave after relative dies?

09/01/2006

Q. One of my employees has been out on FMLA leave for seven weeks taking care of his sick father in another state. The leave was approved for a full 12 weeks. I received a voice mail from him saying that his father died. He also said that he had to clear up a lot of things with his father’s estate, but that he would be back by the end of his scheduled leave. Can he do that or can I tell him he needs to come back sooner? —V.S.

Are mandatory arbitration agreements legal?

09/01/2006

Q. We require, as a condition of employment, that our employees agree to resolve all disputes by binding arbitration, rather than going to court. One of my friends said a lot of the government agencies don’t like those kinds of arbitration policies and one agency even decided that they were illegal. I know lots of employers have binding arbitration, so I don’t think that could be right, but thought I better check. —S.T.

How to pay employee called in during PTO leave

09/01/2006

Q. We have a nonexempt salaried employee who normally works Monday to Friday and is paid biweekly. She took a week’s vacation, which would come from her PTO (paid time off) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should she be paid? Should she receive her PTO pay but have eight hours less of it charged against her PTO bank? Should she be paid for eight extra hours, plus her week of PTO pay? If we pay her both PTO and eight extra hours, do we have to pay her overtime? —W.M.

Prepare unified defense; ruling may spark more state suits

09/01/2006

Because of a quirk in Pennsylvania law, employers may soon see an uptick in state-based employment lawsuits. Reason: A federal court clarified that all state employment claims must be filed within the appropriate state statute of limitations (one year, for example, on defamation cases). Employees can’t wait to file a state claim until the EEOC or the Pennsylvania Human Relations Commission completes its investigation, the court said …

Remind managers: FMLA carries personal liability risk

09/01/2006

If your organization’s supervisors tend to ignore all that "HR talk" about FMLA leave, here’s one way to get their attention: Point out that, in addition to suing your organization, employees can sue their bosses (and HR directors!) personally for FMLA-related mistakes …

Clerical tasks don’t defeat administrative exemption

09/01/2006

Here’s one more reason to double-check your job descriptions: Some exempt employees may try to claim they’re entitled to overtime pay simply because they spend a fair amount of time on filing and typing …