Protecting Your Company from Retaliation Claims After a Firing
Inevitably, as your business grows and shifts, employee turnover becomes a fact of life and it will become necessary to hire and fire employees. As you move forward in the life of your business, it is important to note that not only must businesses allow and provide mechanisms for employees to report claims of discrimination […]
Preparing for a Form I-9 Audit From ICE
The employment eligibility requirement form, or the Form I-9, aims to verify the identity of an individual and whether he or she is employable in the United States. According to the U.S. Citizenship and Immigration Services, all U.S. employers must complete a Form I-9 for each paid employee – both citizens and noncitizens. There is […]
How to Handle Workplace Bullying
Bullying takes place everywhere, from the sandbox to the boardroom. In fact, a Society of Human Resources Management survey found that about 51% of employees have suffered from bullying in the workplace. Our own Dustin Paschal even consulted recently on the book by Pete Havel, “The Arsonist in the Office: Fireproofing Your Life Against Toxic […]
Retention Agreements to Protect Employers
An employee retention agreement is a contract between an employer and the business that outlines specific terms of employment; specifically, that the employee will remain at the company for a set period of time and be provided a guaranteed bonus after a set length of time. This type of agreement is designed to help your […]
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 […]
