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santire

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santire
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  • [font size="1" color="#FF0000"]LAST EDITED ON 10-19-03 AT 12:23PM (CST)[/font][p]You may want to consider whether this is an ADA issue rather than FMLA.
    in FMLA and Diverticulitis and IBS Comment by santire October 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-31-02 AT 07:06AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-31-02 AT 07:02 AM (CST)[/font] This is the first time I have given the following reply though I have been tempted to d…
    in FMLA and Termination Comment by santire March 2002
  • The posts on this question have been excellent. I would like to add a couple of reasons why job descriptions are important. Aside from ADA cases, job descriptions are absolutely necessary when defending against any type of discrimination allegation …
    in Is it important to have job descriptions? Comment by santire October 2003
  • Ray, I noticed that you are in Texas. Texas though not significantly different than most other states has taken its own path in drug screening. While Federal constitutional provisions are a significant concern, even Federal law can differ by state.…
    in Random Drug Testing by Cities Comment by santire October 2003
  • Texas, like most states as well as the FLSA, does not require that employers give employees breaks for meals or any other purpose. However, under some circumstances involving hazardous work OSHA has such requriements.
    in Breaks Comment by santire October 2003
  • This is an excellent collection of thoughts on an interesting subject. So much law involved, particularly NLRA, as well as cultural sensitivity. I am surprised at what a small role PTO has played. It was mentioned, as I recall, in only a couple of t…
    in MLK Day Absentees Comment by santire January 2003
  • Henry, regarding what information the law allows you to give to an inquiring potential employer, aside from the best way to handle it such as requiring that the request be in writing, etc, the law in Texas is fairly clear primarily because of a stat…
    in WHAT INFO. CAN BE RELEASED BY PHONE ON EMPLOYEES Comment by santire August 2002
  • Don, don't thank me for your "venting". You almost sound like you are apologizing. Your follow up on my comment was very rational and well thought out - good advice from actual experience. My comment about the qualified privilege and the fact that t…
    in Giving out information for employment references Comment by santire July 2002
  • I noticed that this question came from Kansas. Kansas, like most states such as my own state of Texas, has a qualified privilege. I did a quick check on Kansas law and found a Kansas Supreme Court case that said the following "A communication is qua…
    in Giving out information for employment references Comment by santire July 2002
  • Bob, the question you pose could have a clear answer or could be too early for an answer. It is definetly a very good question and an appropriate one for your clients to address. The potential conflict between HIPAA and the FCRA has been addressed b…
    in HIPAA and FCRA Comment by santire June 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-04-02 AT 01:44PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 06-04-02 AT 01:42 PM (CST)[/font] The distinction between inside and outside salesperson for FLSA purposes can be quite t…
    in Calculation of Salary Deduction allowed under FLSA Comment by santire June 2002
  • I would like to second some of the excellent comments that have occurred during this conversation on the probation item. It is interesting that you are, at least in part, a union shop. The concept of probation started in union contracts quite a whil…
    in Introductory Period Comment by santire May 2002
  • Thanks for bringing this case to our attention. It was apparently very well investigated and thought out by the hearing officer. The primary lesson is how complex whistleblower cases can be and how subtle an orgaization can be in attempting to cloth…
    in Avoidable litigation! Comment by santire May 2002
  • The subject of whistleblowers in Arizona has been a much contested issue and I am not clear as to what the current status is. However, while you made a decision of considerable integrity to leave your current employer because they are clearly violat…
    in Ethical Dilemma, required to ignore the law Comment by santire May 2002
  • Regarding a desire to not contradict someone with a JD, the gesture is appreciated. Of course a JD after someone’s name is not a statement of unquestionable wisdom. I, for example, learn at least as much from highly experienced HR professionals as …
    in dock pay for stealing Comment by santire May 2002
  • This is an excellent question in that it points out how the FLSA and what some folks consider appropriate do not necessarily match. Per the FLSA, which is a minimum standard and not a maximum for employers, an employer can not, I repeat can not, doc…
    in dock pay for stealing Comment by santire May 2002
  • Comp time is a perennial challenge. It is a challenge in the nonexempt employee area because the law is clear. Absolutely no comp time for nonexempt employees unless they are employed in the public sector. The other challenge is comp time for exemp…
    in Exempt employees & comp time Comment by santire May 2002
  • Just to clarify something. Yes, the EEOC never sees an English language policy, much less an English only policy, that it does not find discriminatory. However, remember that their whole strategy on this matter is not based on any federal law that e…
    in English only in the workplace Comment by santire March 2002