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Texas

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

New penalties under Texas wage-theft law? I heard it’s now a criminal offense

04/30/2012
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?

Does the FMLA apply to employees who have domestic partners?

04/30/2012

Q. Several of our employees live with domestic partners. Are our employees entitled to FMLA leave to care for a partner?

What are the Texas voting leave rules?

04/30/2012
Q. Must we give our employees time off to vote? If so, must we pay the employees for the time they spend voting?

Port Arthur firm must pay more than $170,000 in OT

04/30/2012
Port Arthur-based Performance Blasting and Coating must pay $170,622 in back overtime pay to 314 current and former painters and sandblasters, following a U.S. Department of Labor investigation.

Feds cracking down on Dallas hotel pay practices

04/30/2012
The DOL has announced an initiative to investigate employee misclassification in the hospitality industry in Dallas. According to a department statement, previous investigations “have found significant and systemic violations of the minimum wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act.”

Not a matter of style: Factor safety, liability into dress code

04/30/2012

A recent HR Specialist poll found that casual attire is the norm in 88% of our readers’ workplaces. But a culture of dressing down doesn’t mean organizations don’t need a dress code. What people wear to work is more than a matter of personal preference. One area of primary concern is safety.

You must pay for training that isn’t truly voluntary

04/30/2012
Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.