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Employment Law

Is employee ready to return to work? Provide a list of essential job functions

12/29/2014
When an employee wants to return from FMLA, you can require a specific fitness-for-duty certification from the doctor. But you also have to provide the employee with a list of the job’s essential functions for the doctor to use to decide fitness for duty. Otherwise, the doctor’s statement that the employee is fit for work may be very general—and then the employer will be obliged to let the worker return.

When the harassment is anonymous, respond just as quickly

12/28/2014
A recent case at Coca-Cola displays the importance of being fast and thorough in investigating harassment—even when you’re not sure where it’s coming from.

Screening/Hiring: Overview

12/28/2014

HR Law 101: Protecting yourself and your company from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. Federal laws provide a patchwork of legislation protecting workers and applicants from discrimination by employers …

What’s the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?

What restrictions limit child labor?

12/24/2014
Q. One of my employees asked if her 15-year-old son could work for my business. Under Texas law, in which occupations may teenagers be employed?

Beware rogue bosses with ulterior motives

12/24/2014
Sometimes, a supervisor harbors prejudices that aren’t obvious. Always investigate before firing an employee who claims she’s in trouble because of her boss’s biases. If ­others agree there is a problem, you had better pay attention.

Violence after hours and away from work? That’s a matter for police, not EEOC

12/24/2014

There are some things that employers can’t control. One of those things is how employees act outside the workplace. Take, for example, this recent case in which a co-worker allegedly attacked another worker after work and off the premises.

No need to accommodate ‘disabled’ worker who misses mandatory drug test

12/24/2014
Employees who are not qualified for their jobs can’t claim ADA protection based on disability. And when a disabled employee has a position that’s covered by Depart­­ment of Transportation federal drug testing requirements and refuses a drug test, he’s automatically unqualified because DOT regulations require his sus­­pension.

Whistle-blower wins settlement with railroad

12/24/2014
Fort Worth-based Burlington North­ern Santa Fe Railroad has agreed to pay a North Dakota employee $30,000 in back pay to settle an OSHA whistle-blower complaint he filed against the railroad.

Proposed referendum would allow firing LGBT workers

12/24/2014
State Sen. Donna Campbell has proposed legislation authorizing a referendum to amend the Texas Constitution in a way that opponents say would allow Texas businesses to fire lesbian, gay, bisexual and transsexual employees and refuse service to LGBT customers if the business owner objects to the employee or customer’s lifestyle because of religious beliefs.