Human Resources

Subscribe to Human Resources via RSS

In the trial of most employment discrimination, harassment or retaliation cases, the employer’s documentation of its actions is critical.  An employer defending against these claims will need to be able to prove to a jury that it was its legitimate nondiscriminatory or non-retaliatory reason that motivated its actions as opposed to unlawful animus.  Contemporaneous written documentation of an…

This legislative session the Texas Legislature passed, and the Governor signed, amendments that significantly expands the scope of the Texas Commission on Human Rights Act ("Act") as it relates to individuals with disabilities.

The amendment provides that:

  • The definition of "disability" is to be broadly construed to the maximum extent possible and shall include impairments that are episodic

…

Texas does not require employers to provide a prospective employee with a formal offer letter.  Many employers choose to do so to avoid misunderstandings and clarify some of the important aspects of the proposed employment.  For employers that use offer letters, here are a few items that an employer should consider including in every offer letter.      

  • Identify the job title,

…

In this post I want to outline a series of steps an employer can implement that may decrease its unemployment tax rate and taxes.  The state unemployment tax rate is the only tax rate that an employer can effectively control.  Because the tax rate is calculated over a three year rolling average, it may take a year or two to start…

A recent Wall Street Journal article described the controversy that e-cigarettes are creating.  As Lauren Etter writes,

[E]lectronic cigarettes, [are] the smokeless nicotine products embraced by a growing number of people trying to kick the habit or avoid bans on smoking in public.  Electronic cigarettes typically consist of a metal tube containing an atomizer, a battery and a cartridge

…

In 2008 the Genetic Information Nondiscrimination Act (GINA) was passed.  Earlier this year the EEOC issued proposed regulations interpreting GINA and those regulations are expected to be finalized this month.  GINA generally prohibits employers from possessing and using genetic information about individuals or from making employment decisions using that information, with several limited exceptions.  A number of other…

With the increased number of layoffs and reductions in force, many Texas employers are paying out large amounts of severance payments and wages in lieu of notice. Employers making these payments must not forget to comply with any court orders they have received regarding the deductions or garnishments from employee wages on these payments. A Texas employer…

On April 30, 2009, the Department of Homeland Security announced that it distributed new enforcement guidance to Immigration and Customs Enforcement.  The new enforcement guidance emphasizes the Department’s focus on targeting employers who knowingly hire illegal workers and thereby cultivate illegal workplaces.

According to Ginger Thompson of the New York Times, the guidelines state that…