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 […]
Can We Sue a Former Employee for Defamation?
The short answer is yes, but the real question at the end of the day is should an employer sue a former employee for defamation. If a former employee makes a false statement about his or her former employer publicly, the business owner (corporation, partnership, individual, etc.) could have the basis for a defamation […]
FMLA Key Employee Exception
The Family and Medical Leave Act (FMLA) enables eligible workers to receive unpaid job-protected leave for certain family and medical reasons. The Act requires that the employee’s health insurance coverage be maintained during the leave period under the same terms as if the worker had not taken leave. In accordance with the FMLA, workers are […]
Creating a Successful Workplace Diversity Program
Creating a successful workplace diversity and inclusion program can be quite a challenge. Considering all the factors involved, including age, gender, race, and sexual orientation, is what makes the endeavor so difficult. Consider the following important details to create the strongest diversity and inclusion program possible. Why Create a Diversity and Inclusion Program? There […]
Companies with Inaccessible Career Portals Facing ADA Litigation
Over the course of the last few months, members of Congress as well as state attorneys general have requested that (former) United States Attorney General Jeffrey Sessions provide further details about what requirements business websites and HR career portals must meet to comply with the Americans with Disabilities Act (ADA). At the moment, it is […]
Play it Safe with Your Corporate Gift & Entertainment Policy
As you create workplace policies for your organization’s employee handbook, it’s important to include a section on entertainment and gifts. Corporate gifts and entertainment can be misused and misconstrued, placing your company in legal hot water. As you create the policy, it’s important to keep the following in mind: Keep Your Gifts Legal It […]
Texas Weapons at Work Policies
Thanks to legislation that went into effect in January of 2016, licensed gun owners in Texas are now allowed to carry weapons in holsters as long as those weapons are visible. This is an addition to an older law allowing for the concealed carry of weapons in the state with a license. Licenses were available […]
