By Russell Cawyer on Posted in Human Resources,News & CommentaryEmployers conduct variety of background checks on employees and applicants depending on the level of hire and the duties performed. Of the background checks that employers conduct, which category of employees should receive the most rigorous background checks –the CEO, Comptroller, Treasurer? All worthy choices. As the Edward Snowden NSA leak teaches, those who have broad access… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentarySince the shooting this weekend in Newtown, Connecticut, I have received several questions regarding a Texas employer’s right to ban or prohibit firearms on company property. Without debating the wisdom of such a decision or the likelihood that the mentally ill who generally participate in mass shooting will abide by those restrictions, Texas law generally… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryLast month Washington and Colorado voters passed state laws authorizing the legalization of recreational marijuana use. Given that there are pockets of the United States where the medical or recreational use of marijuana is legal or tolerated under state law, some Texas employers have asked whether it has any effect on their drug testing or… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryNow that the election is over and most of the Affordable Care Act (aka Obamacare) is likely to take effect, some employer will want to revisit the new obligations and requirements of the Act. On November 30, 2012, our firm is presenting a complimentary webinar titled "Health Care Reform: What Lays Ahead with the Affordable Care Act?" My… Continue Reading
By Russell Cawyer on Posted in Human ResourcesNational elections are approaching and some Texas employees may be entitled to paid time off to vote in that election. The Texas Election Code makes it a Class C misdemeanor for an employer to refuse to allow an employee to be absent from work on election day for purpose of attending the polls to vote.… Continue Reading
By Russell Cawyer on Posted in Human ResourcesI like to emphasize the importance that an employee’s personnel file accurately reflect the employee’s performance in reality. When an employer’s defense of a personnel action is based on an employee’s poor performance, fact finders expect that the poor performance to be documented in the employee’s file. Fact finders do not expect, without plausible explanation, to see satisfactory performance reviews… Continue Reading
By Russell Cawyer on Posted in Human Resources,Wage & HourSome employers have experimented using debit card payroll systems to decrease their payroll processing and administration costs. Frequently, Texas employers ask whether they can pay their Texas employees using debit cards. The answer is "yes" but only with the employee consent. Texas law provides that employees must be paid in one of four forms: In U.S. currency;… Continue Reading
By Russell Cawyer on Posted in Discrimination,Harassment,Human ResourcesYesterday I hosted a webinar on Investigating Employee Complaints in the 21st Century: Comprehensive Investigations of Complaints of Discrimination, Harassment and Misconduct. There was a great turnout and many good questions posed from the participants. If you missed the presentation, you can watch the archive here. I am actively seeking suggestions for interesting human resource or employment law topics… Continue Reading
By Russell Cawyer on Posted in Human ResourcesA while back I took the plaintiff’s deposition in a sex discrimination and harassment case where the plaintiff’s primary answer to any question that called for facts that might undermine her claim was "I don’t know" or "I don’t recall." The deposition looked a lot like this one. At a break, my client representative expressed a great deal of frustration… Continue Reading
By Russell Cawyer on Posted in Human ResourcesFrom time to time I’m approached by a small company that has given an employee partial ownership in the company. While I haven’t yet had one written on the back of a bar napkin, the agreements usually aren’t much more sophisticated than this (or formal either). By the time I’m consulted, like many once-good marriages, the employment relationship… Continue Reading
By Russell Cawyer on Posted in Human ResourcesEvery once in a while I write a post just for fun. One example was the post I wrote about religious reasonable accommodation and the Church of the Flying Spaghetti Monster. Today is another fun post I felt compelled to write to justify the hour I spent watching funny video’s this weekend –the first weekend without real… Continue Reading
By Russell Cawyer on Posted in Human Resources,RetaliationAs I was driving home last night, NPR played a clip from the 1947 folk song "16 Tons." Its a catchy tune about 1940’s coal mining. The chorus of the song has the coal miner asking St. Peter to delay his death because he owes his soul to the company store. Employers used to provide "company stores"… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryLast week there was a lot of coverage about Mitt Romney’s remarks on being able to terminate those who provide services to him. In viewing his remarks, I think the criticism of his comments comes, not so much from what he said, but how he said it. In a somewhat cavalier manner, Romney said he liked have the option… Continue Reading
By Russell Cawyer on Posted in Arbitration,Human Resources,News & CommentaryWow! That is all I could say after I read the recent NLRB decision holding that an employer’s requirement that employee sign mandatory arbitration agreements waiving the right to litigate claims in a collective or class action violates the National Labor Relations Act. In the case styled D.R. Horton, Inc. and Michael Cuda, the… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryThe current federal administration is making significant changes in employment law through its rulemaking and regulatory authority rather than seeking Acts of Congress. Another example of this method of legislature-through-rulemaking is the new federal regulation taking effect on January 3, 2012 that prohibit all commercial motor vehicle drivers from using hand-held telephones while driving. The new rules provide significant penalties for… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryI read a thought provoking article by Colin Turner in Business Review Europe about the importance of rewarding employees at Christmas and how those rewards can motivate employees. The article emphasized the importance of rewarding employees not only for the service they have provided, but to reward them prospectively for the service the employer expects to receive. This… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryLast weekend, the Dallas Cowboys lost a close game to the Arizona Cardinals. If you watched the game, you know how it ended (and probably have a bad taste in your mouth). For those of you who didn’t see the game, here is a summary of what occurred. With two minutes left it the… Continue Reading
By Russell Cawyer on Posted in Human ResourcesWhat do you get as a holiday gift for the HR person who has everything? Here are 5 suggestions: The Nothing Surprises Me, I Work in HR Ipad Case (It would be nice if the Ipad were supplied too). Show me Your Resume Wall Clock. The Essential HR Handbook: A Quick and Handy Resource for any Manager… Continue Reading
By Russell Cawyer on Posted in Human ResourcesA service letter is a letter issued by a former employer stating an employee’s dates of employment; position held; and reasons for separation of employment. There are two uses employees typically make of service letters. First, they are used to document or confirm a segment of the employee’s work history or to use to qualify for unemployment… Continue Reading
By Russell Cawyer on Posted in Human ResourcesIt is almost 2012 and here is a list of seven items you want to make sure you have, or consider adding, to your employee handbook for the new year. Social Media Policy providing employees with proper guidance on acceptable and unacceptable uses of social media and containing a disclaimer that no provision of… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentaryI want to thank my clients and other readers of the Texas Employment Law Update for your loyalty and support. More importantly, I hope that you and your families have a safe and happy Thanksgiving holiday. For my part, our family will be spending a traditional Thanksgiving (traditional for us) with extended family and friends,… Continue Reading
By Russell Cawyer on Posted in Human Resources,News & CommentarySeveral years ago I took the deposition of the business owner who hired several employees from a competitor in violation of a noncompetition agreement the employees had with the competitor. As part of enforcing the agreements against the former employees, the competitor sued the new employer for tortious interference with contract because the new employer/business owner was aware of the noncompetition agreements and… Continue Reading
By Russell Cawyer on Posted in Human ResourcesIts the time of the year again when companies begin planning whether and how to sponsor an end-of-year holiday parties. Two years ago I wrote about how companies can plan their employer-sponsored celebrations to reduce potential liability resulting from those events. The advice is as timely today as it was two years ago. You can… Continue Reading
By Russell Cawyer on Posted in Human ResourcesMany employers understand the need for having a neutral reference policy (i.e., a policy whereby only dates of employments, positions held and sometimes last salary is disclosed). The policies help prevent and defend against potential defamation claims by former employees. Last week, I attended a panel discussion on Post Employment Conduct by Employers and Employees: Not the… Continue Reading
