I 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

Some 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:

  1. In U.S. currency;

Yesterday 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

From 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

Wow!  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