TXHRGuy

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TXHRGuy
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  • [quote user="LynneSouth"]I don't believe the MMLA would have an answer for you. . . .  My opinion. [/quote] Hi Lynne, This is exactly the sort of question I have been able to get answered by state and federal administrative agencies over the years. …
  • Massachusetts Commission Against Discrimination administers the Mass. Maternity Leave Act. http://www.mass.gov/mcad/index.html I would call and ask them whether you can run PTO concurrently with MMLA leave.  If you don't like their answer, you'll pr…
  • [quote user="californian"] An employer may request recertification of an employee’s serious health condition no more often than every 30 days, unless a specific exception  applies (an extension of leave, changed circumstances, or doubt is cast on o…
    in FMLA Comment by TXHRGuy December 2010
  • Job security for all!
  • Normally, a WC recipient must take light duty work from their employer if it is available.  If it is not available, depending on the state, the worker may have to do a work search with other employers until they are ready to return to their regular …
  • I would be hesitant to use a skill test that requires higher language competency than the test used for hiring. If the employee's verbal competency is greater, consider giving the test orally.  If the employee "knocks it out of the park," then there…
  • Do you have a policy on English literacy requirements?  Would such a policy be legal in your state?  Would the employee meet the standard of your requirement?  Is the test within the scope of the base requirement set out in your policy?
  • [quote user="lasershot"]I have a question regarding TX pay laws.  I can't find the answer.  If an employee shows up for work and is sent home due to electrical outages and an hour later is called back in when the outage is fixed but decides not to r…
  • [quote user="6381572"] We have an employee in an exempt, supervisory position that was accused of embezzlement and was placed on suspension without pay. In court yesterday she was found not guilty because there was no evidence to convict her but th…
  • The hardest part is getting your employees to understand the pro rated benefit under the new system.  The simpler the math, the simpler the changeover.  Awarding on January of 2011, pro-rated until their anniversary date, and then awarded again on t…
  • [quote user="TABHR"] Does the ADA prevent me from terminating someone for having a hernia whether or not that was my reason?  [/quote] The cause of the termination is itself the determining factor as to whether there may be any cause of action agai…
  • This has been rolling around in my head a bit now and I've had another thought.  Generally, it's the employer's responsibility to record hours worked.  Consequently, permittnig hourly employees to do "favors" is the same as knowingly permitting them…
  • If you don't pay her, you may have to deal with a FLSA claim if she goes to DOL. If you do pay her, DOL is out, although she might make a claim that you violated the state's payday law by paying her late.  In Texas, under these circumstances, they w…
  • There is no authoritative answer without other facts.  Here are the most likely guesses:   Marital status probably has to do with COBRA notification. Ethnic group probably has to do with either EEO-1 reporting (employers with more than 100 employees…
  • Go to an attorney specializing in employment law and familliar with FMLA who is located in the state where your mechanic spends the majority of his work time. I do not think you can get an authoritative answer on this from a non-legal source.
  • ... and fix the time clock issue.
  • [quote user="SRRH10"]What do you do when an employee just does not respond to emails or requests to complete their part in the performance appraisal process? [/quote] This is an age old question and it has a lot to do with whether or not your Compan…
  • [quote user="Buffalobill"] Generally, HR need not attend. The judges want to hear from those with first hand information. [/quote] There's an awkward tension in the quote above.  "HR generally need not attend where HR is generally not involved in t…
  • HR Handles. We bring in witnesses.  It's important that you have an understanding of the administration's requirements to deny benefits so that you know what facts are required for your investigation.  I find often when I come to a company that thei…
  • I think a lot of hiring mistakes are made by pretending that people should have to do more than demonstrate that they want to work for your company and will do a good job.  I'm actually all about intense selection, to a point, but the world is full …
  • Who is asking?  If it's a federal agency on friendly terms, simply ask them why the holding company, which has no employees, needs to file and express a complete willingness to comply with whatever is required. If there is no relationship or a frost…
  • Here are some thoughts. Design There has to be a realistic way for people to make real money to accept this sort of risk.  If anybody in management hopes to increase revenue by taking money out of salespeoples' pockets, then this is the wrong way to…
  • Inside or outside sales? If employees contemplated for this plan are not outside sales, then they are still entitled to minimum wage and overtime.  Outside sales people are exempt, but the definition of outside salesperson is pretty narrow and has b…
  • Not to derail the thread, but I have a different but related problem.  My problem is that American employers still seem to think that their employees' childrens' health and education requirements are a problem.
  • As a matter of not disturbing the environment too much, notify with a new policy before implementing.  Other than that, there's really no issue here provided your state permits forced vacation use.
  • At-risk schemes, but they vary according to the position.  Sales managers and accounts payable managers are not expected to reach the same goals.
  • 10% is about average.   Yes (and most do)   No (and most do not unless there is some other law or contractual obligation to do so)
  • I would imagine that your biggest problem will not be HR expertise and documents but fully understanding your liability in each state you wish to operate.
  • [quote user="TXHRGuy"] [quote user="khchreston"]A salaried employee is considered to have worked an entire day even if they only work an hour or two.  I'm not sure you can legally deduct arriving or leaving late to work from their PTO.  You should …
  • [quote user="khchreston"]A salaried employee is considered to have worked an entire day even if they only work an hour or two.  I'm not sure you can legally deduct arriving or leaving late to work from their PTO.  You should check with your HR attor…