TXHRGuy
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[quote user="minelli"]We have two employees in our office that are obviously seeing each. Long lunch hours, hanging around each others space, etc. One is married and the other is not. It is slightly starting to affect one person's work, but not t…
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§115/4 [...] All wages and final compensation shall be paid in lawful money of the United States, by check, redeemable upon demand and without discount at a bank or other financial institution readily available to the employee, or by deposit of fu…
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Whether created for FMLA or not, I generally have no comment about another person's absence unless they're gone from the company. "Mr. X is no longer with the Company. He did some great things while he was here and I hope you will all join me in w…
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If they are contractors, they can be compensated by any method that doesn't interfere with their status as contractors or otherwise contravene the law. If they are "hired" as employees, temporary or otherwise, it matters if they are exempt or not. …
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"Breach of Company policy"' That will buy you some time. Ultimately, if you want to avoid paying UI, you are going to have to meet the requirements of the state for disclosure. Meaning drug test results that meet their standards for denying UI, su…
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[quote user="dhall111"][quote user="HRforME"] (2) ``Physical or mental disability'' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR Sec. 1630.2(h)…
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I think it might be interesting to see someone make an ADA claim based on their nicotine addiction. It's not illegal. It's a recognized physical addiction. Would you feel comfortable asking them if they are an alcoholic or, more extremely, if the…
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Your obligation to send a COBRA notification has nothing to do with your knowledge or perception of their coverage. They have a right to continue the coverage they had with you even if they have other coverage.
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There is something about short breaks being paid. It's largely to prevent employers from putting time clocks at the entrances to bathrooms and abuses of that nature. I doubt that you have to pay for a 15 minute smoking break (taken every hour). I…
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A lot depends on the culture of the company. Strictly speaking, the Company cannot demand of its management team that they hand over their private mobile numbers to their subordinates. The nightmare possibilities of abuse from the irritating to the…
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You might start by explaining that several areas of employment law now include a very serious threat of personal liability and that it's very easy to break those laws in ways he/she might not have considered. Keep in mind that HR means different thi…
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[quote user="Chicago1"]I dont' get how the FMLA will interact with this law. Seems like some employees will qualify under both the ADA and FMLA (especially those with "episodic" disabilities). Sounds like an administrative nightmare. [/quote] Ac…
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I don't believe you have the right to require them to show any particular documents except to say that the documents they show you must fulfill the requirements of the I-9. If they had an expiring resident alien card and upon reverification they pr…
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I've never been in public service so I don't really track how employment law is different from the private sector by comparison. Presumably, you'd have to say the FMLA time is concurrent with the LTD time or you'd have to give them FMLA time after …
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[quote user="bkatz7901"]That is always a difficult call. I would suggest that you consult with an employment attorney after reviewing any and all past practices that the employer may have used. Good luck! [/quote] This is a highly state sensitive …
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EE File unless issues come up in the hearing/appeal/investigation that otherwise wouldn't belong in the EE file. In those cases, we file in the more discreet file and leave a note in the EE file such as, "UI Claim -- See HR file"
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http://tlo2.tlc.state.tx.us/statutes/index.htm
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[quote user="Schenker"] I have a salaried/exempt employee who wants to earn extra income by working for us on his days off, in an houly job through a temp. agency. I know that if we let him work for us directly he would need to be paid overtime. N…
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[quote user="vcgsi"] Our firm is relatively young and small and we are learning to take on new duties as we grow. My new duties are to manage human resources. Recently an administrative person volunteered to purchase some suites for one of our Sr.…
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There are two salary tests. First is the salary basis test -- is the individual paid on a salary basis? Assuming you know exactly what that means in the regs, you are OK. Second is the salary threshold test -- is the individual's salary at least $4…
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The only systems of this type that I am aware of are enterprise-grade solutions that cost an arm and a leg. The people I know who use them are tortured by the bureaucratic nature of the output.
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[quote user="HRforME"] I strongly suggest seeing an attorney first. Anything you do here will be viewed as retaliation for taking FMLA.[/quote] Enough said.
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Unless there is something unusual about the cause of termination, I normally file this stuff in the EE file. If there are things about the termination that are not in the EE file, I put a sheet in the EE file saying "see incident file" or "see HR f…
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[quote user="bokel"]Strategic thinking HR people are moving toward character competency assessment tools and away from personality tests. Evidence is strongly suggesting that you can draw statistically significant and predictive co-relationships bet…
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[quote user="Redbudpt"]I would also remind the employee(s) that if he/she choose not to submit the required medical certification he/she also lose the FMLA protection for the leave.[/quote] However, if there is no real penalty (e.g., plenty of time …
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FMLA designation is, within the requirements of the statute, entirely up to the employer. You can force sick leave (including worker's comp and LTD) to run concurrently with FMLA time. However, there are certain requirements about what you can ask…
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FMLA designation is not up to the employee, it's up to the employer, subject to the requirements of the statute and regs. The employer has a right to a medical certification. The employee has an obligation to obtain one requested by the company. T…
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Texas has no meal or break laws. I think there is a statute preventing an employer from working a retail sales employee more than 6 days in a row or something like that. The hours are legal. However, this gets back to the whole "engaged to wait" v…
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The word "consultant" is largely meaningless in the debate about employee vs. contractor. I know of at least one large company that officially uses the word "consultant" to describe any person doing exempt level "managerial" work but has no staff. …
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Seek legal counsel. You are looking at taking a very aggressive path. Personally, 100 words of counseling is probably worth 1,000 words of discipline and perhaps a few million in "oops" if you don't get summary judgement.