On November 16, 2022, the Department of Labor announced that it had recovered $1.2 million in back wages from four different home health care agencies on behalf of 599 home healthcare workers. One of the responsible employers, Guardian Angels Care Services, Inc., owed $160,477 in overtime back wages for misclassifying its employees as independent
News & Commentary
Texas Employers Can Pay Employees in Bitcoin, But Why Should They? A Sequel
With the spectacular crash of the centralized cryptocurrency exchange FTX and the potential bankruptcy of a second high-profile cryptocurrency exchange called BlockFi, now is a good time to revisit whether an employer would want to pay or employees receives all or part of their wages in Bitcoin or other cryptocurrency.
Let’s go back to…
Fortune 50 Company Recommendations to Improve Anti-Harassment & Non-Discrimination Policies and Practices
Want to evaluate whether you need to improve your company’s sexual harassment and gender discrimination policies or get recommendations for potential improvements to those policies? A company can spend tens or hundreds of thousands of dollars to engage a large law firm to study the company’s policies and make recommendations for improvement. Alternatively, a company…
How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator
In a recent case out of a federal court in Houston, a former African American sales representative for FedEx received a jury verdict in the amount of $366M. In that case, Jennifer Harris claimed that she opposed racial discrimination and that she was retaliated against and terminated for engaging in her protected activity. She brought…
Avoid the Holiday Party Human Resources Hangover
Employers are booking venues and planning for the annual company holiday party. As these preparations are made, Human Resources should review these tips to reduce the likelihood of post-holiday party human resources hangovers.
Keeping Off Santa’s Naughty List Because of your Behavior at the Company Christmas Party
Employee Time Off to Vote on Election Day in Texas
There are important mid-term elections occurring in Texas on Tuesday, November 8, 2022, from 7 a.m. to 7 p.m. Early voting runs from October 24 though November 4, 2022. There are many statewide, state district and U.S. representative races to be decided in this election.
In Texas, employers are required provide employees with time off…
Employers Should Update their EEOC “Know your Rights” Posters
EEOC regulations require employers to post notice of employee rights that protect employees from discrimination. These posters must be posted in conspicuous places. The EEOC has updated its “Know your Rights” posters. Employers should update their posters with the most recent versions from the EEOC. You can access the English and Spanish versions for posting…
Federal Arbitration Act Amended to Preclude Mandatory, Predispute Arbitration Agreements of Sexual Assault, Harassment Disputes
On March 3, 2022, the President signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The new law amends the Federal Arbitration Act to prohibit the enforceability of mandatory, predispute arbitration agreements and class action waivers of sexual assault and sexual harassment disputes. The passage of the law comes…
OSHA’s On-Again, Off-Again Vaccine and Testing Mandate for Large Employers is On-Again—Happy Holiday Employers!
Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule. …
Learning from the Mistakes of Others
Some of the best lessons are those learned not through our own mistakes; but rather by the mistakes of others. We get all the same knowledge without the pain associated with learning by our own mistakes. Fifteen years ago, Radio Shack was blasted for communicating the layoff of over 400 workers to the employees by…