The HR Specialist — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 311
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The HR Specialist

Q. Our company has about 75 employees scattered throughout 10 offices in the state, with a maximum of 10 in any one office. One of our employees has requested FMLA leave for a serious health condition. Do we have to provide it? …

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A federal court has ruled that employees who believe their employers harass them because of their military status may file complaints under USERRA. The harassment angle breaks new legal ground. As more veterans return home from active duty, will it open the litigation floodgates?

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Q. We want to hire certain highly paid workers at an hourly rate, but we don’t want to pay overtime at time and a half. These workers would perform exempt duties for purposes of the Fair Labor Standards Act. What are our options? …

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Q. We just received notice from a terminated worker that he believes we owe him money for unpaid commissions. What is our potential risk in this situation? …

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If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …

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Do your new hires have to complete a comprehensive training and testing program before they’re allowed to start work? If you can show your tests are valid and necessary (and they don’t disproportionately screen out any particular protected class), chances are a new employee who alleges discrimination because you didn’t keep him won’t get far with a lawsuit …

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Q. I have been contacted by a credit card company about garnishing the wages of one of my employees. Can a credit card company garnish wages in Texas? …

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Q. Can a Texas employer require its employees to accept payment of wages through an electronic transfer of funds? …

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A newly released North Carolina Court of Appeals opinion makes it clear that employers have to make absolutely sure they are treating all similarly situated employees alike …

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Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

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