Genetic Information Now Protected By Law

Discrimination, Medical

In June 2008, the Genetic Information Nondiscrimination Act (GINA) was passed by Congress and signed into law by President Bush. The law prohibits discrimination based on genetic information about employees and applicants, their dependants, and any relatives out to the fourth-degree, such as great-grandparents. GINA stops employers from requesting, requiring or purchasing genetic information about an employee or his family members. The law goes into effect for employers beginning in November 2009.

Although many people have questioned why we needed a law when no one recognized that genetic discrimination was a problem, the federal government seemed to think that the law was necessary to allow genetic testing to begin to be used to its full potential in fighting disease. In fact, the law passed with only one “no” vote in the House and unanimously in the Senate.

How do you as an employer need to respond to GINA? Continue reading Genetic Information Now Protected By Law →

Minimum Wage Increase Reminder

Compensation

Remember that the minimum wage increases by $.70 per hour again on July 24, 2008.

If you are paying less than $6.55 to almost any worker (except waitstaff that receives part of their income from tips), you will need to raise his/her hourly rate to $6.55 per hour for every hour beginning with those worked after 12:01 a.m. on Thursday, July 24.

If you want to find out more about whether you are responsible as an employer for paying your workers the minimum wage, check out the Department of Labor’s explanatory information at https://www.dol.gov/dol/topic/wages/minimumwage.htm.

The minimum wage will go up again on July 24, 2009, to $7.25 per hour. There are no increases scheduled after that date.

Written Warning Form

Documentation

One of the most frequent questions I receive from clients concerns how to “write up” an employee for a disciplinary violation. Written warnings are so important if there is ever a dispute about unemployment or discrimination. It is very difficult to defend your business on the basis of an employee’s poor performance or violation of the rules if you don’t have anything in writing to support your defense.

Written warnings also serve as a clear reminder to the employee that his/her behavior is unacceptable and outlines the necessary steps to improvement. Many employees won’t take your verbal corrections very seriously, but almost all employees pay attention when they receive a written warning.

So I’m providing you with a simple written warning form that you can use in your business.  Continue reading Written Warning Form →

Welcome!

Personnel Policies

Thanks for visiting my new blog (or “blawg” as lawyers and Texans refer to it). I hope you find lots of help with your legal questions about employment issues. Because I am not just a lawyer, I may also include from time to time a recipe, travel pic or personal story.

Check back regularly for new information, as I intend to update this blog at least twice a week. And feel free to comment on any post, particularly if you as an employer can share some policy, strategy or form that is working for your business.

Just be careful not to share anything confidential in your comments because others will be able to see them. If you are a business owner or manager and need to talk confidentially and get specific legal advice, please call my office at (806) 345-3107 for an appointment.

How to be a Christian Employer

Ethics

            I give legal advice to employers. That is my job. I can quote to you chapter and verse of the Civil Rights Act of 1964 or the Family and Medical Leave Act.

But as my Christian faith has grown stronger, I often am asked to puzzle over chapters and verses of the Bible. I’m trying to understand how to incorporate my beliefs and those of some of clients into every manager’s legal obligations to not discriminate at work.

            It is easy for me to tell employers to never proselytize in the workplace because you might subject yourself to a religious discrimination or harassment claim.  But many Christians feel compelled to fulfill the Great Commission both inside and outside the workplace.

            So this column is my humble attempt to formulate more specific advice for my friends and clients that want to be able to both honor God and obey the anti-discrimination laws.

            If there is one piece of Christian advice I can give you, it is this: What do your employees see when they look at you, their boss? Do they see the fruits of the Holy Spirit –love, joy, peace, patience, kindness, goodness, faithfulness, gentleness and self-control?

If you profess to be a Christian, is that evident in your speech, your supervision, your ethics and your relationships?

            Or do your employees see you worship one idol at work – profit – while attending church and claiming to worship Jesus Christ during your off hours? Continue reading How to be a Christian Employer →

Small Employers May Have it Easier

Personnel Policies

            I’ve been dispensing legal advice to employers for 21 years now. In all that time, I can thankfully say I’ve never been sued by an employee. I’ve never faced a gender discrimination claim, a disability problem or a termination under the Family and Medical Leave Act directed at me. No employee has ever accused me of racial harassment or complained to the EEOC about my employment practices.

            Is that because I diligently follow my own advice? Do I have the world’s greatest employee manual, does every employee get an annual written evaluation and do I use progressive discipline to give every employee an opportunity to cure a problem before it becomes a termination?

            Actually, I don’t. Why? I keep my business small. I only have one employee right now. Sometimes I bulk up to as many as three employees, but never have I needed more than that.

Continue reading Small Employers May Have it Easier →

Technology in the Workplace

Personnel Policies

“For a list of all the ways that technology has failed to improve our lives, please press three now.” – Alice Kahn

 

            When I began practicing in the area of employment law in Amarillo 21 years ago, no lawyer or secretary in my law firm of 40 attorneys had a personal computer in his or her office. We had a 4-person word processing center in which the only firm computers resided.

            Fast forward 21 years and I presently own five computers. Most of my client communications are done by e-mail and I can access all of my files electronically with my laptop while on a camping trip.

I know I’m showing my age, but I am still astounded by the rate at which technology has taken over the legal business and every other industry with which I work.

My friend, insurance agent Julie Hulsey, and I were just exclaiming over the exponential rate at which the technology universe is expanding as we had lunch today. On the table beside both of us were smart phones, enabling us to check e-mail, schedule appointments and send ourselves reminders about a conference we were planning as we ate our salads at Baker Brothers. No paper or pens were in sight; only styluses and touch screens.

Don’t get me wrong, I love the information age. But inevitably, technology brings to the workplace problems and situations that have to be addressed. Some of them are starting to be considered by the courts. As always, I encourage you as an employer to think about the consequences of these digital changes on your workplace now to avoid a visit to the courthouse later. Continue reading Technology in the Workplace →

Required Employee Posters

Employee Rights

            As I told you last month in this column, the federal minimum wage is increasing as of July 24, 2007. As an employer you will be required to pay your employees at least $5.85 per hour. One year from now, on July 24, 2008, the minimum wage will increase to $6.55 per hour and then on July 24, 2009 and thereafter, you will have to pay your employees at least $7.25 per hour. 

            One of the other requirements that goes along with this increase is the obligation of employers to post a notice of the new minimum wage on your employee bulletin board. As of July 3, that notice is available for free at https://www.dol.gov/compliance/topics/posters.htm.

            No matter how small your workforce, you must post this notice on your employee bulletin board. If you are thinking, “What bulletin board?” it is clearly time to review your obligation as an employer to keep your employees informed of their employment rights.

Continue reading Required Employee Posters →