A 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
End-of-Year Bonuses, the Regular Rate of Pay and Overtime
With many employers considering whether and when to pay end-of-year or holiday bonuses, I thought it was a good time to review the rules for when bonuses or other compensation must be included in the regular rate of pay for purposes of paying overtime. This is one issue that still trips up Texas employers.
Nonexempt employees are entitled to overtime
Seven Items to Consider Adding to You Employee Handbook for 2012
It 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
Happy Thanksgiving from the Texas Employment Law Update
I 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
New and Enhanced Tax Credits Available to Employers Hiring Unemployed Veterans
Yesterday, the President signed a bill that is good for veterans and employers. The law provides new and enhanced tax credits for employers hiring veterans. The law, effective immediately, allows employers to claim certain tax credits for hiring unemployed veterans ($2,400 in the case of a veteran unemployed at least 1 month; $5,600 for a veteran unemployed at least
Supreme Court of Texas Considering Important Issue of Privileged Communications Between Employer and its Insurance Company
Recently, the Supreme Court of Texas heard oral arguments in an interesting case regarding the outer limits of the attorney-client privilege with respect to a workers’ compensation insurance carrier attorney’s communications with its insured. The communications at issue were made between the carriers and the insured/employer during the administrative proceeding before the Texas Workers’ Compensation Commission over
Texas is a Right to Work State! What the Heck Does that Mean?
Several 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
EEOC Charge Filings Hit Record Number for FY 2010
If you have not experienced it already, the EEOC is very active under the Obama administration. Proof of this heightened activity is evident in the most recent statistics released by the EEOC for the fiscal year ending September 20, 2011.
Here is a summary of some of the highlights from the EEOC FY 2010 statistics (the Commission’s
9 Tips For Planning the Company Holiday Party
Its 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
Managers and Supervisors Should Follow Their Employer’s Neutral Reference Policies
Many 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