Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

arbitration

Texas Supreme Court to Nail Down Arbitration Issue

The Texas Supreme Court will hear arguments in mid-January about a Whataburger Restaurants case that has been bouncing around the state legal system for several years. As you will soon discern, I believe the court’s decision will be good news for employers with alternate dispute resolution procedures in their workplaces. It also will deliver yet […]

Gig

Reliance On Gig Economy Can Create Unintentional Liability

In 2014, approximately 14% to 20% of the U.S. workforce consisted of independent contractors known as “gig workers.” In 2020, the number increased to approximately 35%. Some sources estimate that by 2023, nearly half the workforce will consist of freelance and independent workers. The gig economy is nothing new, but with the new employment environment […]

vaccine

Employers Await Word from Supreme Court on Vaccination Rules

While employers wait to learn the fate of a COVID-19 vaccination rule, they’re being advised to continue making plans for how to comply with the federal government’s plan aimed at stemming transmission of the virus in the workplace. In separate hearings, the U.S. Supreme Court on January 7 heard arguments both pro and con on […]

pitching

Just Whine, Baby: Gruden Sues NFL Over Leaked E-Mails

The Oakland . . . I mean Los Angeles . . . I mean Oakland . . . I mean Las Vegas Raiders have a tradition of high-profile litigation second to no one in sports. Al Davis’ “just win, baby” philosophy spilled off the gridiron and into courtroom battles as well. So, it comes as […]

Don’t Mess with Retaliation

The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.

FMLA

Mishandling Return to Work in Worker’s Comp Context Risks FMLA Liability

When an employee is injured on the job, the federal Family and Medical Leave Act (FMLA) or the state-specific leave statutes may confer benefits in addition to what a state’s worker’s compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker’s comp law when FMLA-eligible employees need time […]

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other visas, continues to provide a solution for savvy employers. Below are the most important immigration changes within the last year.

Employer’s Transgender Bathroom Ban Violates Illinois Human Rights Act

A transgender person’s access to the bathroom associated with their new identity has become a hot-button issue in society at large. It was therefore no surprise that an Illinois court was asked to weigh in on the issue. In a landmark ruling, the Illinois Appellate Court for the Second District ruled an employer violated the […]