• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

211,000 reasons to make age-blind employment decisions: Employee can sue for mental anguish

02/01/2007

If Texas employers need any more reasons to avoid making hiring, firing, compensation or work condition decisions based on a person’s age, here’s a good one: Texas law says employees who prove their employers fired them due to their age are able to collect damages for mental anguish …

Court rejects Continental worker’s claim of benefit miscalculation

02/01/2007

A federal judge in Texas recently dismissed a lawsuit brought by an employee who sued his former employer under the Employee Retirement Income Security Act (ERISA), alleging that the company had breached its fiduciary duties …

Houston Teamster-Local President Convicted of Embezzlement

02/01/2007

A Texas jury recently convicted Charles Crawley, the former president of Houston-based International Brotherhood of Teamsters Local 988, of embezzlement, mail fraud and falsifying official union records. His sentencing is set for March 23 …

Can We Reduce Benefits to Citizen-Soldiers?

02/01/2007

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? —L..S.

How to handle discipline for pregnant employees

02/01/2007

Q. We have an employee who was on probation when she became pregnant. What can we do if she continues to have performance problems? —J.J.

Texas law on background checks for minors

02/01/2007

Q. We do background checks on all applicants. I know the Fair Credit Reporting Act says we have to get the applicant’s permission. We hire some employees under age 18. Is there anything special we need to do? —A.G.

Should we keep copies of I-9 documentation?

02/01/2007

Q. My boss is concerned about the increased penalties against employers who hire illegal aliens. He wants to be sure our procedures are in keeping with the best practices. One question I have: What do we do with the documents that new employees present to comply with the I-9 requirements? Should we keep copies of them? And, if so, where? —G.S.

Are overweight employees due ‘disability’ rights?

02/01/2007

Americans are a well-fed bunch, as statistics show, and now many overweight employees cite their extra baggage as a legally protected “disability.” The good news: Employees carry a heavy burden of proof, especially in the 2nd Circuit …

If you benefit from volunteer labor, prepare to pay for it

02/01/2007

Nonprofits and employers in highly competitive fields often use volunteers to ease labor budgets and try out employees “before they buy.” But unless you structure those situations just right, you’re likely to run afoul of the Fair Labor Standards Act and the New York Minimum Wage Act …

You’re not liable for other states’ discrimination laws

02/01/2007

Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York …