• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

Violence after hours and away from work? That’s a matter for police, not EEOC

12/24/2014

There are some things that employers can’t control. One of those things is how employees act outside the workplace. Take, for example, this recent case in which a co-worker allegedly attacked another worker after work and off the premises.

No need to accommodate ‘disabled’ worker who misses mandatory drug test

12/24/2014
Employees who are not qualified for their jobs can’t claim ADA protection based on disability. And when a disabled employee has a position that’s covered by Depart­­ment of Transportation federal drug testing requirements and refuses a drug test, he’s automatically unqualified because DOT regulations require his sus­­pension.

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

12/24/2014
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

On-premises fringes: Is there such a thing as a free lunch?

12/24/2014
The IRS has begun to examine the tax treatment of employer-provided free meals, such as those famously provided by Silicon Valley tech firms like Google.

Whistle-blower wins settlement with railroad

12/24/2014
Fort Worth-based Burlington North­ern Santa Fe Railroad has agreed to pay a North Dakota employee $30,000 in back pay to settle an OSHA whistle-blower complaint he filed against the railroad.

Proposed referendum would allow firing LGBT workers

12/24/2014
State Sen. Donna Campbell has proposed legislation authorizing a referendum to amend the Texas Constitution in a way that opponents say would allow Texas businesses to fire lesbian, gay, bisexual and transsexual employees and refuse service to LGBT customers if the business owner objects to the employee or customer’s lifestyle because of religious beliefs.

Texas boom continues

12/24/2014
More than 2.1 million jobs have been created in Texas since 2000, nearly a third of all jobs created nationwide during that time. Over the last 12 months, 413,000 jobs have been added to the Texas economy.

OK to fire older worker despite ageist comments

12/24/2014
It’s never a good idea to talk about older workers as “dinosaurs” or wish for “new blood.” When a boss say things like that, and if the em­­ployee is demoted or fired shortly afterward, the statements can end up being used as direct evidence of age discrimination.

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Is it OK to substitute paid leave for FMLA leave?

11/03/2014
Q. May an employee substitute paid leave for unpaid FMLA leave?