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

Employment Law

One-sided arbitration agreement won’t fly in Texas

03/08/2012
Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.

Misclassified contractors can make you subject to TCHRA

03/08/2012
It’s complicated to determine who is an independent contractor and who is an employee. Someone you consider a contractor may turn out to be an employee under the Texas Commission on Human Rights Act (TCHRA)—and the TCHRA may cover you if those contractors turn out to be employees.

Thwart retaliation claims by documenting your rationale for handling of original complaint

03/08/2012
The fastest growing category of discrimination complaints is retaliation. The reason is simple: They are easier to win than underlying discrimination cases. All an employee has to prove is that his employer punished him in a way that would dissuade a reasonable employee from complaining in the first place. Be prepared.

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

More union members in 2011, thanks to private-sector gains

03/08/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. Texas has been immune to the spike, however. Just 5.2% of the state’s workers belong to a labor union.

Stop unpleasantness from becoming harassment

03/08/2012
When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.

Survive EEOC crackdown on background checks, leave policies

03/08/2012
The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

Obama’s 2013 budget boosts funding for enforcement

03/07/2012
President Obama unveiled a $3.8 trillion proposed budget for fiscal year 2013 that, according to an analy­­sis by the Littler law firm, “signals that employers are facing an expanded enforcement and regulatory activity by the federal agencies.”

Know your legal responsibilities for preventing retaliation

03/05/2012
Employers can minimize retaliation complaints by having fair policies and procedures governing employee discipline. Even in cases of egregious behavior, a suspension while the employer sorts out the facts may be the best approach. Supervisor training is key to stemming national origin, disability and religious discrimination complaints.