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Disciplinary Procedures: Be sure that the disciplinary procedures are described as mere guidelines and that appropriate discipline depends, of course, on the particular facts and circumstances of any particular disciplinary case (and that the employer retains the right to use its discretion on a case-by-case basis as to any disciplinary issues). State that any list…
Read MoreThe effects of Harvey and Irma will have longstanding impact on the expenditure of federal resources and the everyday life of Texas and Florida citizens. They are also a reminder to all businesses of the impact of natural events and the importance of disaster recovery planning. A business’ first concern should always be the safety…
Read MoreThe need for workplace investigations usually arises suddenly and without warning. Company management receives a complaint (most commonly a sex harassment complaint or a complaint of discrimination) and often does not know how to proceed. As a management-side labor and employment law firm, the attorneys in our law firm frequently receive calls from clients wanting…
Read MoreWith the passage of another Labor Day, which was surprisingly quiet in regard to demonstrations and parades supporting organized labor, it is time to take a “quick look” across the landscape to see what the current status of organized labor truly is. While it is very clear that private sector Union Membership has again hit…
Read MoreIn a statement issued on August 29, 2017, the Acting Chair of the Equal Employment Opportunity Commission – Victoria Lipnic, announced that she had received from the Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) – Neomi Rao – Administrator – informing her (Ms. Lipnic) that the OIRA was initiating a…
Read MoreA Federal Judge invalidated the $47,476 salary threshold that the U.S. DOL attempted to implement last year. A Texas Judge who last year temporarily enjoined the D.O.L. from implementing its highly controversial overtime regulations in December, as planned, has issued a final decision declaring them invalid and unenforceable. District Court Judge Amos L. Mazzant, III…
Read MoreEvery day, as a regular part of doing business, employers need to discuss applicants or current and former employees. Communications have changed and evolved over the years and these communications can be in the form of any of the following: In-person verbal communication; over the telephone; mail; fax; email; text messaging; and twitter. Most written…
Read MoreIt often happens that an employee tells the employer that the employee is quitting…but later the employee claims the employer really fired the employee. How does this happen? Let’s look at a typical fictional example. Steve, a machine operator, decides that he wants to quit to go to see his sick grandmother who lives in…
Read MoreOver my seventy-two (72) years of life, there are a number of constants that have existed. One of them is “no job is complete until the paperwork is done”. This is certainly true with the United States Government and its numerous forms (i.e. new EEOC Forms; new OSHA Forms, etc.). Effective as of September 18,…
Read MoreThe IRS Form SS-8 has been used for decades by the IRS and is often sent to a company when a disgruntled independent contractor complains to the IRS that he/she was really an employee (and was misclassified by the company). The IRS Form SS-8 is entitled “Determination of Worker Status for Purposes of Federal Employment…
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