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Texas

Bryan-Based MIWU sued for mismanagement of health fund

08/04/2008
The U.S. Department of Labor has sued an employer association, a health fund trustee and the fund’s consultant over allegedly imprudent management of the Manufacturing and Industrial Workers Union (MIWU) Benefit Fund of Bryan, Texas …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Is time off for voting required? Paid?

08/04/2008
Q. Must an employer give employees time off to vote? If so, must we pay employees for the time they spend voting? …

Volunteer services and FLSA compliance

08/04/2008
Q. We are a for-profit health care facility licensed by the state of Texas. Can we use volunteers to perform services at our facility without compensation? For example,  the wife of one of our clients wants to volunteer her services in exchange for us waiving the daily-use fee we charge her husband. Are these volunteer services exempt from the wage-and-hour requirements of the Fair Labor Standards Act (FLSA)? … 

Can we ban guns in the workplace?

08/04/2008
Q. May an employer prohibit employees who are licensed by the state of Texas to carry a concealed firearm from bringing firearms onto the employer’s property? …

Employees don’t get to set work standards—You do!

07/07/2008
It’s far too easy to lose control over your workforce. All you have to do is let employees dictate how supervisors measure their performance. Don’t let it happen to your organization. Instead, let employees know how you will judge how well they’re performing and then stick with those measures …

Feel free to set punishment that fits the crime

07/07/2008
Employers can and should decide each employee discipline case on its own merits. Just make sure someone in HR or a supervisor keeps close tabs on all discipline and documents the decision. Notes should include specifics: the rule broken, its effect and its relative seriousness …

During union drive, don’t unfairly target pro-Union employees

07/07/2008
Nothing will escalate an already tense workplace during a union-organizing drive and subsequent election than punishing pro-union employees. While you can certainly continue with any evaluations or disciplinary actions that are warranted, beware of targeting anyone involved in the union push …

Remind supervisors: You have duty to prevent customer harm

07/07/2008
Employers aren’t just liable for harm that comes to employees while they work. Employers also have to keep customers safe. That duty even includes making sure off-duty employees don’t harm customers if that harm is foreseeable …

Legal clock starts when you tell worker she’s losing job

07/07/2008
If you plan to terminate employees who work for you under contract, plan to document exactly when you tell them their contracts won’t be renewed. Here’s why: Employees have only a short time to file discrimination claims. If they miss the deadline, they lose the right to sue …