Texas Holiday Policy
Monday, January 15, 2018 has been designated as a US Federal holiday to commemorate the birthday of Dr. Martin Luther King, Jr. While most national, state, and local government offices close in observance of this holiday, many private employers do not. Those who wish to observe this holiday must use paid time off […]
DOL Alters Intern Test
With the start of the Trump Administration, we anticipated numerous changes and alterations to employment laws. That expectation has occurred and we have already seen several changes, including adjustments to the joint employer test and relaxed NLRB guidance regarding employee handbooks. The changes continued on January 5, 2018. On that day, the […]
Performing Applicant Background Checks in Texas
Texas Background Check Laws Employers make huge investments in their employees. Therefore, it is in their best interest to thoroughly evaluate applicants to the fullest. Increasingly, this evaluation process may include a background check, to determine if the applicant has a criminal record. This becomes especially important when the candidate will be exposed to sensitive […]
NLRB Takes Action to Reverse Previous Decisions
Yesterday, December 14, 2017, the National Labor Relations Board issued two decisions particularly important to employers. In the first decision, the NLRB overturned the 2015 decision, Browning-Ferris Industries. In that decision, the Obama-era NLRB decided that indirect control of an employee could constitute a joint-employer relationship. As a result of yesterday’s decision, however, a […]
Legalities of Workplace Wellness Programs
There are many benefits to a well-constructed and well-run workplace wellness program: employees are healthier and experience fewer absences, the workplace is more productive, and the employer often saves on health costs. However, these programs must be put together in a way that conforms with strict legal requirements. General Issues In most cases, workplace wellness […]
Responding to Unemployment Claims in Texas
Responding to Texas Unemployment Claims The Texas Unemployment Compensation Act (TUCA) provides for the collection and distribution of unemployment benefits to workers in the state of Texas who become unemployed through no fault of their own. Liable employers in Texas (those who meet the minimum liability requirement under TUCA) must report wages paid and pay […]
Drug Testing in the Texas Workplace
According to the U.S. Department of Labor, companies lose an estimated $100 billion each year due to drug and alcohol abuse. This is due to workers’ compensation claims, absenteeism, productivity loss, associated medical costs and employee turnover. If your company is considering drug testing for applicants or current employees, the following information will help you […]
What Are Reasonable accommodations Under the ADA?
What Are Reasonable Accommodations Under the ADA? The Americans with Disabilities Act (ADA) offers workers protection from discrimination in the workplace due to disability. Employers with 15 or more employees must abide by the provisions of the act. In addition to prohibiting discrimination based on a protected disability, the ADA requires employers to provide reasonable […]
Employee Data Privacy in the Workplace
Over the course of a year, employers collect and store a vast amount of private, personal information. This may include dates of birth, driver’s license and social security numbers for employees and their dependents, private medical information, bank account numbers, and even biometric identifiers such as fingerprints or retina scans. Employers are then required to […]
Religious Accommodation in the Texas Workplace
Title VII of the Civil Rights Act of 1964 protects employees (in companies with 15 employees or more) from religious discrimination and requires that employers reasonably accommodate the sincerely held religious, ethical and moral beliefs and practices of their employees, unless doing so will be an undue hardship on the employer. (State and local government […]
