In short, your responsibilities are to not discriminate because of their service and to offer them their job back after military-related absences.
The rights of applicants and employees who serve in the uniformed military services are protected by the Uniformed Services Employment and Reemployment Act (USERRA). Under this act, it is unlawful for an employer to discriminate in hiring, reemployment, retention, promotion, pay, or any benefit of employment due to a person’s military service or intent to apply for military service.
You should allow the employee to take unpaid leave to attend deployments, scheduled drills, and annual training. When the employee returns, they s
The importance of documenting performance problems as they occur cannot be overstated. Although this requires meeting with the employee and discussing the issue, which will almost certainly be uncomfortable, it’s your best defense to a wrongful termination claim should the employee feel litigious after termination.
Too many employers rely on the concept of employment at-will to protect them, when the reach of this concept is actually quite limited. The problem is that if an employer has little to no documentation and relies on at-will employment—and the theory that legally no reason is required—the terminated employee, their attorney, and possibly a jury of their peers will fill the
The Occupational Safety and Health Administration (OSHA) mandates that all employers with more than 10 employees—except those in exempt low-risk industries—maintain a record of work-related injuries and illnesses. Those who are required to maintain these records should use OSHA’s Form 300: Log of Work-Related Injuries and Illnesses or an equivalent state-specific form.
Those same employers must then post OSHA’s Form 300A: Summary of Work-Related Injuries and Illnesses each year between February 1 and April 30. As its name implies, Form 300A summarizes (and sanitizes) the information logged on Form 300.
OSHA Form 300A must be certified by a company executive and posted in a cons
Taking time away from work is good for the health and morale of employees. When they can rest during an illness, recuperate after an injury, or tend to affairs in their personal lives, they’re better able to focus at work and engage in the tasks at hand. Too many absences, however, can be costly for employers and frustrating for other employees who have to pick up the slack.
A lot of absences may be sign of absenteeism, which occurs when employees skip work for no good reason. You may not be able to prevent the illnesses, injuries, or family emergencies that keep employees from coming to work, but you can and should do something about absenteeism. Fortunately, there are a few steps you
On August 29th, Judge Mazzant in the Eastern District of Texas issued his ruling on the Department of Labor’s overtime rule changes. The rules, which were slated to go into effect on December 1, 2016, have been on hold since he issued an injunction last November. As anticipated, the Judge ruled in favor of the Plaintiffs, finding that the DOL had overstepped its authority by making the new minimum salary so high.
The DOL will not be appealing the decision, but labor or employees’ rights groups could theoretically take their place in the lawsuit. However, the DOL has said they would not enforce the 2016 rules, so any further action toward implementation will ultimately be ineffective.