Are Employers in Texas Responsible for Injuries to Temporary Employees Assigned by Staffing Companies?
In most cases, Texas employers are not required to participate in workers’ compensation insurance. Employers who opt out of workers’ comp are not immune from personal injury suits filed by their employees … but what about temporary workers from temp agencies and staffing companies? Recently a worker at a Tractor Supply distribution center in Waco […]
Study: Workplace Bullying on the Rise
As the issue of bullying in schools continues to occupy the national spotlight, researchers are discovering another environment where bullying behavior is having negative impact: the workplace. In a 2017 study by the Workplace Bullying Institute (WBI), more than 60 million U.S. workers reported having been affected by workplace bullying, which the WBI defines as “repeated harmful […]
Employee Dating Policies in the #MeToo Era
The recent #MeToo movement has shone a spotlight on widespread sexual harassment in the workplace, leading many employers to reevaluate their employee dating policies. The Texas Workforce Commission (TWC) advises that while an employer should not necessarily try to limit any and all on- or off-duty contact or relationships between employees, it may certainly impose reasonable limits […]
2nd Circuit: Title VII Covers Sexual Orientation – 5th Circuit and Most Circuits Still Say It Does Not
Last month the U.S. Court of Appeals for the 2nd Circuit in New York ruled that Title VII of the Civil Rights Act of 1964 — the federal law that bans sex discrimination — also applies to claims of discrimination on the basis of sexual orientation. Title VII of the Civil Rights Act of 1964 […]
Are Employers Required to Offer Vacation Leave?
As the summer season gets underway, many employees will be planning to take vacations … and some employers may have questions about their responsibilities concerning vacation leave. Under Texas law, employers are not required to offer employees vacation benefits, either paid or unpaid. Vacation leave is considered a benefit that the employer may choose to offer […]
How the Uniformed Services Employment and Reemployment Rights Act (USERRA) Protects Service Members
Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA) establishes rights and responsibilities for uniformed members of the armed forces and their civilian employers. USERRA requires that, upon returning from duty, Service members must be promptly re-employed in the same position that they would have attained had they not been absent, with the same […]
Hiring Summer Interns: What Texas Employers Need to Know
With the end of the school year just weeks away, this is the perfect time to think about hiring your summer interns. Intern programs can be beneficial for both the intern and the employer, and it’s important to be aware of your legal responsibilities. Intern or Employee? The Fair Labor Standards Act (FLSA) requires for-profit […]
New Appointments Add to Peckham Martin Lawyers’ Service to Houston Bar and State Bar of Texas
We are pleased to announce that the Houston Bar Association has selected Charles H. Peckham to serve on two of its committees. The Houston Bar Association is a nonprofit professional body for attorneys with almost 11,500 members, providing education, professional development, and service programs for the legal profession and the population. The Association was recently […]
Policies for Inclement Weather: What Employers Need to Know
As we enter the summer, we enter hurricane season in Texas. While employers have a duty to keep their businesses running, they must also balance the safety of their employees. This is especially true when the weather creates potentially hazardous travel conditions. Your Severe Weather Policy To prepare for these situations, it’s essential to have an inclement […]
DOL’s New Paid Program Helps Employers Correct Inadvertent FLSA Violations
For employers who discover inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has a new pilot program to expedite resolution without litigation. The stated purpose of the new Payroll Audit Independent Determination (PAID) program is “to resolve such claims expeditiously […]