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Texas

May we replace an employee on FMLA leave?

11/06/2008

Q. We have an employee on FMLA leave. Can we replace her and find a different job for her when she returns?

Can we administer personality tests without running afoul of the ADA?

11/06/2008

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

Feel free to alter jobs to suit business needs

11/05/2008

Employers have the right to meet business needs by changing the jobs their employees do, and they can set the minimum qualifications for any new positions they create. It’s the company’s prerogative to then decide whether to replace existing employees with others who meet the requirements.

Feds offer relief for benefits plans affected by Ike

11/04/2008

In response to damage caused by Hurricane Ike, the IRS, the U.S. Department of Labor’s Employee Benefits Security Administration and the Pension Benefit Guaranty Corporation have issued a federal notice allowing leeway for compliance with employee benefits plan requirements.

Demand fitness exam when performance slips

11/04/2008

You don’t have to ignore a sudden and shocking deterioration in an employee’s performance and behavior. You can and should ask for a fitness-for-duty exam. Just be prepared to discuss possible accommodations if it turns out the employee is disabled.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Minor schedule change isn’t an adverse employment action

11/04/2008

Judges sometimes use common sense. Take, for example, a recent case involving a woman who sued after her employer changed her days off so that she had to work six days straight.

Employee or independent contractor? It matters for FLSA

11/04/2008

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.