Q: One of my employees has been spoken to about his diminished job performance. The employee opened up and stated the change in work output is due to a diagnosis of depression. We have given the employee a week off; can we obligate the employee to take a medical leave...

The Department of Treasury announced on February 10 that businesses with 50 to 99 full time equivalent employees will not face a tax penalty under the Employer Mandate provision of the Affordable Care Act (ACA) as a result of not providing health care coverage to...

President Obama announced that in the next few weeks, he will sign an executive order raising the minimum wage for workers covered by new federal contracts to $10.10 an hour. This increase will be very limited in scope; it will only apply to employees who would...

On January 22, 2014, the Office of Management and Budget (OMB) approved the OFCCP's disability status form, which will be used by federal contractors.  Revised regulations under the Rehabilitation Act will require federal contractors to invite applicants and employees...

Keeping employees safe at work is a top concern for small business owners, according to a survey sponsored by Employers Holdings, a national holding company for workers’ compensation insurance carriers.Workplace safety risks were cited as the source of greatest worry...

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list:Social Media PoliciesEmployers should consider reviewing and updating social media policies in light of recent legislation and litigation....

On Monday, the IRS issued final regulations regarding the implementation of the employer shared responsibility provisions under the Affordable Care Act (the ACA), otherwise known as the “pay or play” rules. The final regulations provide some helpful guidance and...

It’s Valentine’s Day, and love is in the air … and the office. And more often than not, that is NOT a good thing for everyone involved. So what can employers do to minimize the potentially disruptive effects of colleagues and coworkers canoodling? Here’s a good...

2014 was anticipated to be a monumental year with respect to the implementation of the Affordable Care Act. However, with the one-year delay of the employer mandate (the provision of Health Care Reform that fines certain businesses for failing to provide health...

The White House is relaxing the employer mandate again.  The Treasury Department on Monday rolled out more tweaks to the health-care law's requirement that all large employers--those with 50 or more workers--provide insurance coverage to their workers. This is the...

Note: Article written referencing Connecticut Law; however, fundamentals around contractor definition applies in Texas as well.  When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of...

FEBRUARY 7, 2014: AUSTIN, TX— NOW IS THE TIME FOR YOUR COMPANY TO ACT ON PERFORMANCE MANAGEMENT: Will your managers and employees be thinking “performance review” or “performance management”?  Your company may be poised to use the performance management process to...

If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)?  Probably not, according to National Labor Relations Board (NRLB) decisions...

The National Labor Relations Board (NLRB) posting rule has been laid to rest.The NLRB had issued a rule in 2011 requiring most private sector employers to post a notice telling employees of their rights under the National Labor Relations Act (NLRA).The requirement was...

This morning the Department of Labor, Health and Human Services and the Treasury Department released additional Frequently Asked Questions relating to implementation of the Affordable Care Act. Among the topics discussed include administrative issues relating to out...

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get priority attention for 2014 as part of a...

2013 brought many changes to employee benefit plans, and several more are coming in 2014.What has recently changed or will change in the near future?Retirement Plans Required Individually Designed Plan Restatements: If you have an individually designed retirement plan...