Who, What, Why . . .
Who does it apply to:
All employers who are subject to the Fair Labor Standards Act, which is virtually every employer....more
Who, What, Why . . .
Who does it apply to -
All Texas employers are required to respond to garnishment requests. ...more
The Age Discrimination in Employment Act (“ADEA”) applies to virtually all employers with 20 or more employees in 20 or more calendar weeks in the current or preceding year. Be careful how you count, though. Businesses under...more
What counts as a bonus: There are a lot of ways to describe a bonus. For our purposes, a bonus includes any discretionary or non-discretionary payment or “compensation” to an employee outside of their regular hourly, salary,...more
What is an I-9 Form: Hopefully, you are all familiar with the I-9 Form. All employers are required to complete one for all new employees by the Department of Homeland Security and the U.S. Citizenship and Immigration Services...more
A disagreement between two federal appeals courts regarding whether payroll taxes must be paid on severance payments made to laid-off workers has landed the issue in front of the U.S. Supreme Court. Oral arguments began...more
Who, What, Why . . .
Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff.
What are the legal issues: Holiday parties...more
Who, What, Why...
Who does it apply to: Any employer faced with letting an employee go. In this edition, I am taking a break from my regular format to pass on advice about handling terminations. ...more
On June 26, 2013, the United States Supreme Court issued a decision in the case of Windsor v. United States holding the Federal Defense of Marriage Act (“DOMA”) unconstitutional. This decision will have implications for...more
On December 17, 2012, the EEOC handed down its Strategic Enforcement Plan for FY 2013 – 2016. The following areas were identified as focus points for enforcement...more
Who, What, Why . . .
Who does it apply to: Virtually all employers with employees of the opposite sex are subject to the Equal Pay Act (EPA).
What is the rule: Employers cannot pay one sex higher wages than the other for...more
Last week the Associated Press reported that the EEOC was sanctioned by a US District Court judge for $4.7million dollars. ...more
Are your landmen independent contractors? Are they employees? What do they look like to the government?...more
Who, What, Why . . .
Who does it apply to: All employers – who have ever wondered whether an investigation of some sort should be made regarding an issue involving employees....more
With bullying in the news of late, I was recently asked how employers should deal with a star employee that bullies or berates co-workers....more
Who, What, Why . . .
Who does it apply to: Employers who take the “tip credit” against wages of some or all of their employees....more
You’ve set up a your business as an LLC or a Corporation and followed all of the legal requirements to keep the business up under Texas law. ...more
Fifty years ago yesterday John F. Kennedy signed the Equal Pay Act into law....more
As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. ...more
On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more
As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more
What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more
Who, What, Why . . .
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more
2/25/2013
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Books & Records ,
Discrimination ,
Employee Benefits ,
Employment Application ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Hiring & Firing ,
Job Applicants ,
Payroll Records ,
Recordkeeping Requirements ,
Title VII
On February 5, 2013, the Department of Labor announced the final rules for changes to the Family and Medical Leave Act (FMLA) permitted under the National Defense Authorization Act of 2010. From the time the act was passed...more