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Texas

New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

Dealing with employees who fear HIV

03/01/2008
Q. How should an employer deal with an employee who refuses to work around a co-worker or customer who is HIV-positive? …

How to enforce a ‘No weapons’ policy

03/01/2008
Q. What does an employer need to do to keep licensed handgun owners from bringing guns onto its premises? …

Consider burden on others when accommodating disabilities

02/01/2008

It’s tough balancing the rights of disabled employees and the rest of your staff. It’s great to be able to offer accommodations that allow a disabled worker to stay in the labor force. But you don’t have to go to such extremes that your other employees have to pick up considerable slack left by the accommodation …

Tell applicants upfront about schedule, seniority system

02/01/2008

If you have a system that gives the most senior employees their picks of the best days off, it’s fair to both job applicants and the organization to be clear about what hours new hires should expect to work. The best approach is to ask about work availability upfront—right on the job application …

Harassment policy should have several ways to complain

02/01/2008

Your organization probably has a sexual harassment policy and provides training on how it works. But does your policy give employees more than one way to lodge a complaint? It should. Here’s why …

Investigation notes, report may prove valuable in court

02/01/2008

How do you handle internal discrimination complaints? If you use an ad hoc process, sometimes taking notes or preparing a report, you may be missing out on an important litigation advantage later. Develop a routine investigation process …

Even employees who suffer no harm can collect top dollar

02/01/2008

Here’s yet another reason to clean up the workplace and make certain it’s free of harassment, graffiti and other evidence of a hostile work environment: Employees can collect hundreds of thousands of dollars in punitive damages even if they weren’t physically or financially harmed by the hostile workplace …

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …