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Employment Law

Opt-in to Texas workers’ comp to cut liability

07/02/2010

Good news if you’ve opted into the Texas workers’ compensation system and you sometimes rely on temporary staffing agencies to supply workers. If one of those workers gets hurt on your premises—and if you control crucial elements of the worker’s day, such as telling him when to work and take breaks, and supply tools or equipment—you may be saved from direct liability for the injury. Workers’ comp will cover the injury.

When good workers go bad: ‘Employee of year’ award doesn’t give immunity from firing

07/02/2010

Sometimes, for whatever reason, a seemingly great employee makes an awful decision that forces you to terminate her. The key: Be consistent. Letting bad behavior slide because the worker is a stellar performer can trigger a discrimination claim. The best way to show bias played no part in the decision: Document the employee’s unacceptable behavior.

When employee complains, you must investigate — but you can insist on a civilized complaint

07/01/2010

Sure, everyone knows that employees who make a good-faith complaint alleging some form of discrimination are protected from retaliation. But that doesn’t mean that no one can criticize the employee for making the complaint in a way that’s out of line. If he or she is discourteous, you can and should put an end to the disruptive behavior.

New worry: ‘Mob’ charges for hiring illegals

07/01/2010

The immigration law landscape keeps changing, and employers must keep up. Even employees who are in the United States illegally can sue you for unpaid overtime. Now you also have to be aware of another risk: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.

Document rationale for all discipline to show it wasn’t a pretext for bias

06/29/2010

If you carefully document disciplinary actions and punish all employees fairly, courts will usually uphold your decisions. That’s because an employee who challenges the reason for her discharge has to show that the reason wasn’t legitimate—that, rather, the rationale was merely a pretext for some form of discrimination. And it takes more than just coincidence to do that.

Document any slippage in employee performance to insulate against later discrimination claims

06/29/2010
If you can show that the employee wasn’t living up to your legitimate expectations, her discrimination case will most likely be dismissed. Legitimate expectations—or adequate performance—aren’t measured just by performance evaluations. That’s especially true if the last performance evaluation occurred months earlier and performance has since changed.

FMLA now covers care for partner’s, other relative’s children

06/29/2010
New U.S. Department of Labor rules say employees who care for a domestic partner’s child—or whose partner gives birth or adopts a child—are now eligible to take FMLA leave to care for those children. Also covered: Extended-family members who care for kids. Learn the details of this major FMLA expansion.

How quickly must we announce health plan changes?

06/29/2010
Q. When we make changes to our medical plan, how long do we have to get the new summary plan out to employees?

Bank of America workers sue for overtime

06/28/2010
Workers at Charlotte-based Bank of America’s retail branches and call centers in five states have filed a lawsuit claiming they are due unpaid overtime from the banking giant.

EEOC busts dentist’s chops

06/28/2010
Kinston-based Affordable Care Inc. will pay $150,000 to settle sex and race harassment charges leveled by two female employees of an affiliated dentist in Massachusetts.