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Texas

Military family leave: DOL regs spell out employee rights

09/02/2009

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

Dust off your benefits policies: More mandates may be on the way

08/06/2009

The federal government has slowly been introducing laws that force employers across the country to provide employee benefits: for example, the FMLA, USERRA and the ADA. Now Congress is considering several legislative initiatives that would require employers to provide additional benefits.

Compare disciplinary records before firing

08/04/2009

Employers know they are not supposed to discriminate against employees based on protected characteristics such as race, age or sex. But HR can’t be everywhere, and in large organizations, it may be hard to monitor equal treatment. A centralized discipline-tracking system can help you check for possible hidden discrimination by comparing proposed discipline against past discipline.

Warn bosses: No religious harassment at work

08/04/2009

Here’s an important reminder for all managers and supervisors: If the workplace becomes a battleground over employee religious beliefs, count on a lawsuit. The best policy: Keep religion out of the workplace as much as possible. After all, we’re here to work.

Feel free to let the punishment fit the ‘crime’ when disciplining for off-duty conduct

08/04/2009

Many employers have rules that prohibit off-duty conduct that may reflect negatively on the company. But even with such policies, it’s tricky to discipline employees for the things they do on their own time away from the workplace. In fact, you’re free to use discretion in deciding whether an employee should be warned, suspended or terminated.

You don’t have to accept employee’s offer to submit to a lie detector test

08/04/2009

An employee facing discipline may bristle if you choose to believe someone else’s version of what happened instead of his own. He may even offer to take a lie detector test to prove what he’s saying is true. You don’t have to accept that offer.

Retaliation alert! Beware timing when acting against worker who files EEOC complaint

08/04/2009

Here’s a reason to slow down and act deliberately when disciplining an employee who has filed an EEOC complaint: A court has concluded that coincidental timing alone can be enough to keep a case alive. That’s true even if it turns out that all the accusations in the EEOC complaint turn out to be unfounded.

Unemployment denied—even if misconduct wasn’t intentional

08/04/2009

Employees sometimes don’t do what they are told to do because they don’t think the task is possible or is too hard. If you fire such an employee for breaking a company rule—“Do what your boss tells you to do!”—you might be able to defeat the employee’s unemployment compensation claim.