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Texas

A HITECH world: New law expands HIPAA enforcement power

10/05/2009

The Health Information Technology for Economic and Clinical Health (HITECH) Act, signed into law on Feb. 17, 2009, was designed to advance the use of health information technology, such as electronic health records. Among other important aspects, the HITECH Act expands the scope and enforcement power of HIPAA, with greater penalties for noncompliance.

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Can we privately settle a race bias case that may be heading for the EEOC?

10/02/2009

Q. We have been threatened with a race discrimination lawsuit. Frankly, we think we made a mistake. Can we settle the matter just between the employee and us?

What’s the required timing for final paychecks?

10/02/2009

Q. What are the deadlines for paying employees who are terminated or resign from employment?

Is it OK to withhold money from employees’ final paychecks to ensure we’re reimbursed?

10/02/2009

Q. Can I make deductions from an employee’s final paycheck for outstanding expenses or company property that the employee still has in his or her possession?

Austin grocer pays $186,624 for wage-and-hour violations

10/02/2009

The U.S. Department of Labor’s Wage and Hour Division recently announced that MT Supermarket, an Austin grocery store, has paid $186,624 in back wages to 34 workers. The payment comes after an investigation of the Asian grocery store found violations of the FLSA.

New health coverage rules for dependent kids start Nov. 8

10/02/2009

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

Rebound? Pay on the rise, but health insurance could lag

09/08/2009

A survey by consulting firm Watson Wyatt indicates more employers are loosening the compensation purse strings, even as employees will probably bear higher health benefits costs. According to the survey conducted in August, 44% of employers plan to reverse pay cuts made during the economic downturn.

Tell bosses to tell staff: No working lunches!

09/08/2009

Like most employers, you probably have a rule that tells nonexempt employees they must take their meal breaks. The rule is there to prevent FLSA violations for uncompensated work. But having the rule isn’t always enough—especially if some of your supervisors encourage employees to work during their breaks or turn a blind eye when they do.