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Texas

How does an employee’s FMLA leave status affect how we conduct a layoff?

04/07/2009

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? …

What should we consider when deciding whether to contest an OSHA citation?

04/07/2009

Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

Must we pay workers’ weekend travel time to new location?

04/07/2009

Q. We are closing one facility and laying off a large number of workers. In lieu of immediate layoffs, however, we want to temporarily transfer some maintenance employees from another facility 800 miles away. They have agreed to perform this work, which will take about three months. Do we have to pay them for the time spent traveling to the new work location, which will occur over a weekend?

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

EEOC: Job bias claims set new record in 2008

03/30/2009

The EEOC says job bias claims of all kinds hit record levels during federal fiscal year 2008. A total of 95,402 complaints were filed during the year ending Sept. 30, 2008. The figure constitutes a 15% increase over 2007.

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

Act quickly once you verify harassment

03/03/2009

When an employee has sexually harassed a co-worker, employers can avoid liability by acting fast to fix the situation as soon as they learn about it. General rules: If an employee complains, investigate promptly. If the alleged harasser confesses, immediately take steps to end any further harassment.

Is national origin in ‘eye of the beholder’?

03/03/2009

Employees can sue if they believe they have been discriminated against based on their national origin. But what if the employee’s family has been in the United States for generations, and she speaks without any discernable accent or speech pattern common to another nationality and looks all-American? Can she still claim national-origin discrimination?

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …

Warn managers: False claim that employee lied can lead to defamation lawsuit

03/03/2009

Here’s a warning for managers or supervisors being investigated for sexual or other harassment: If they falsely accuse an alleged victim of lying, the victim may be able to sue the manager or supervisor for defamation. And that could mean personal liability for the boss if a jury believes the alleged victim.