Legal Blog

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Avoiding Common FMLA Mistakes

The Family and Medical Leave Act (FMLA) requires that covered employers give their employees up to 12 weeks per year of job-protected, unpaid leave for specific family and medical reasons. The employee has access to the same group insurance while on leave that he or she would have if still at work. Due to the significance of the coverage, it is important that employers avoid these common FMLA mistakes. Late FMLA Request-Filing Once an employee has a need to take leave, their supervisor should report this to HR as soon as possible. The FMLA period does not begin until the Read more
Simon Paschal June 11, 2018 576 0 Read more
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Handling Employee Misconduct & Discipline

Handling Workplace Misconduct and Employee Disciplinary Action From time to time, employees will engage in conduct that is unsuitable in the workplace. In order to address conduct that is inappropriate, offensive, or dangerous, companies often create a procedure to correct employee misconduct and to address employee discipline. Plans of this nature serve to not only curtail and discourage unwanted behaviors but also to protect the business from lawsuits and frivolous unemployment claims. This article gives a brief overview of this complex and detailed subject. If you need assistance creating a disciplinary action plan or dealing with serious employee misconduct issues, Read more
Simon Paschal May 30, 2018 584 0 Read more
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Creating a Corporate Emergency & Disaster Plan

Businesses of all sizes should prepare for emergencies and disasters because developing emergency and disaster plans address a business’ safety and business needs, as well as provide protection in the event of potential legal action. The best way to accomplish this is to elect a program manager, create a formal plan, and test for effectiveness. Tips for Creating Emergency and Disaster Preparedness Plans Build a Team The first step to building a plan is to build an emergency disaster team, led by a program manager. Choose employees from cross-functional disciplines for the most comprehensive results. Gaining input from different departments Read more
Simon Paschal May 15, 2018 537 0 Read more
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Employing Minors in Texas

Employing a person younger than the age of 18 requires adherence to a specific set of labor laws, referred to as Texas Child Labor Law. The law is not there to prohibit or impede the hiring of minors; rather, child labor laws protect the safety and rights of minors in the workplace. Learn Age- and Hour-Appropriate Hiring Rules The minimum age for employment, with a few exceptions, is 14 years old. Exceptions to the rule include working for a business owned by the child’s parents or neighborhood newspaper delivery. A child as young as 11 years old can have a Read more
Simon Paschal April 23, 2018 , , , 440 0 Read more
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Handling Layoffs with Compassion

Proactive management is essential when a company faces the harsh reality of having to lay off members of its workforce. A transition process needs to consider the members who are separating from the team and those who are staying behind. Develop an Overall Strategy A comprehensive strategy should be developed as soon layoffs become necessary. The process should include the following components: The process of selecting which employees to lay off is a delicate matter that you must handle with great discretion. You should make these decisions behind closed doors, and managers must understand the importance of keeping the matter Read more
Simon Paschal April 10, 2018 , , , 462 0 Read more
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Employing Interns in Texas

This time of year, many organizations start interviewing potential candidates for summer internships. Internships can be valuable both for interns and business owners. In exchange for work, interns can acquire on the job skills In many organizations, questions will arise over issues such as the number of hours an intern will work and whether or not an intern should be paid. It’s important to note that these decisions are not left up to the organization. The US Department of Labor’s Fair Labor Standards Act addresses this issue and sets criteria that companies must use to determine whether or not an Read more
Simon Paschal March 26, 2018 , , , 481 0 Read more
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Legality of Workplace Monitoring & Surveillance

If you pay employees to do a job and provide a place for them to do it, the assumption is while they’re on the clock, they’ll be doing it. Unfortunately, that’s not always the case. Employers use workplace surveillance systems not only to be sure employees are working but also to maintain workplace safety, to ensure quality control standards are observed, and to prevent crime. But what about employees’ privacy concerns? What is allowed with regards to workplace monitoring and surveillance? Why Companies Monitor Employees Organizations have more to lose than just productivity. Common concerns involve the following: The potential Read more
Simon Paschal March 13, 2018 , , , 402 0 Read more
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Creating an Office Fraternization Policy

If only good management just involved helping employees be productive. One of the biggest challenges facing leadership is managing the relationships co-workers have with each other. Your business should already have a sexual harassment policy, but that doesn’t cover other types of relationships that may cause problems. Let employees know company expectations for workplace behavior to clarify what is acceptable and what’s inappropriate. Whatever your choice about the acceptability of workplace relationships, you should have a written policy. Fraternization Dangers A fraternization policy is sometimes called a dating policy, because it involves romantic relationships between employees. Some employers think what Read more
Simon Paschal February 20, 2018 , , , 601 0 Read more
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Establishing a Performance Improvement Plan

When an employee fails to live up to your performance requirements, it is in everyone’s best interest to open communication with them to address the situation. A performance improvement plan (PIP), also known as a performance action plan, can be an effective way to allow employees to make changes needed to correct problems, overcome deficiencies, and improve their performance. If necessary, a failed or unsuccessfully completed PIP may also be used as evidence or support in any ultimate disciplinary action, including termination. Ideally, a PIP should only be used to address performance deficiencies. Behavior problems should be addressed through discipline Read more
Simon Paschal February 9, 2018 , , , 397 0 Read more
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OSHA’s Injury & Illness Prevention Policy

Workplace injuries and illnesses cost businesses in the United States billions of dollars every year and devastate the lives of the victims and their families. To address this problem, the U.S. Government created the Occupational Safety and Health Act (OSHA) in 1970. A year later, the Occupational Safety and Health Administration was created. Workplace Injuries and Fatalities Although OSHA has helped decrease the number of occupational injuries and illnesses, workplace injuries are still a serious problem. The DOL’s Bureau of Labor Statistics reports the following recent workplace accident statistics: Nearly 5,200 U.S. workers were killed on the job in 2016. Read more
Simon Paschal January 26, 2018 , 404 0 Read more
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