Problems and Pitfalls with Workplace Investigations
Human resources managers and others involved in operations for businesses of all sizes often are tasked with performing investigations to determine if wrongdoing has occurred in the workplace. When addressing allegations of misconduct, employers and their representatives should approach complaints and investigations in a fair and objective manner. This can be easier said than done, […]
Is Docking an Employee’s Pay OK?
Employers use a variety of tools to manage their workers. Sometimes, employers choose to institute deterrents in the form of reductions in pay (docking) for unproductive habits or inappropriate behaviors in the workplace. While employers do have the ability to increase and decrease wages, when an employee’s pay is docked as punishment, employers might be […]
New TWC Rule Reclassifies App-Based Company Workers
The Texas Workforce Commission has approved a controversial new rule applicable to “gig economy” workers that would change regulations for app-based companies that hire contractors. In a “gig economy” (a.k.a. “freelancer economy” or “sharing economy”) workforce conditions are such that short-term jobs and temporary contracts are common. This new TWC rule change is particularly impactful […]
Are Managers Ever Personally Liable for Wage & Hour Violations?
While companies break wage and hour laws all the time, depriving their employees of the earnings they deserve, the fault does not always lie with the company alone. A manager can be held personally liable if his or her company fails to adhere to the Fair Labor Standards Act’s regulations regarding overtime and minimum wage […]
Tips to Avoid an Age Discrimination Lawsuit
The Age Discrimination in Employment Act (ADEA) is a federal law prohibiting employers from discriminating against employees and job applicants 40 years old or older on the basis of their age. The ADEA applies to job advertisements, interviews, hiring practices, wages, promotions, disciplinary actions, job evaluations, job assignments, and termination. For a private business to […]
Types of FLSA Audits: Position Audits and Compliance Audits
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting full and part-time employees. The Wage and Hour Division of the Department of Labor is entrusted to enforce the rules and regulations of the FLSA and has the authority to investigate an employer’s policies, practices, procedures, and […]
What to do if an Employee is Abusing FMLA
The Family and Medical Leave Act (FMLA) requires that certain employers (those with 50 or more employees) allow their eligible employees to take covered unpaid medical or caregiver leave. While FMLA can be a great tool for employers and employees alike, sometimes employees take advantage of the Act in order to avoid or minimize work. […]
Should Employers be Able to Ban Employees from Using e-Scooters at Work?
In Austin, Dallas, and other major metropolitan areas throughout Texas, the use of e-scooters by employees is on the rise. As an employer, it is critically important to understand the growing phenomenon of e-scooters as a means of transportation, your potential liability as an employer, and how to minimize your risks when employees choose to […]
Limitations on Testing Employees for Marijuana Use
With the ever-evolving laws regarding marijuana use across the country, Texas employers may have questions about testing employees for use of the substance. While many states have legalized marijuana for medicinal and recreational use, Texas continues to ban its use except in extremely limited circumstances. Federal and state laws also give considerable latitude to employers […]
The Legality of Pre-Employment Medical Exams
As an employer, some roles within your company may require employees who meet certain health and medical criteria. Jobs that involve lifting heavy objects, manual labor, and other physical tasks mandate a certain type of employee, and even less labor-intensive tasks at your company may require a specific standard of health and wellness. As an […]
