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Do You Have the New EEOC Poster?

EEOC has revised its “Equal Employment Opportunity is the Law” poster. This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor.

The Genetic Information Nondiscrimination Act (GINA) went into effect November 21.

In short, GINA imposes strict confidentiality rules on genetic information and prohibits:

  • discrimination based on genetic information;
  • employers from collecting genetic information, with very narrow exceptions;
  • health insurers and plans from requiring genetic testing and from discriminating  based on genetic information in enrollment and premium-setting; and
  • retaliation.

To download the new EEOC poster go here.

10 Common Employee Handbook Mistakes

Aside from not having one at all, these are some of the common employee handbook mistakes:

1. Using Form Handbooks - make sure the handbook is applicable to your business! It's not just about copying and pasting from something you found online or borrowed from a previous employer.
2. Confusing Policy Manuals with Handbooks - policy manuals are not handbooks. Manual provide step by step procedures for running the business while handbooks are emloyment guidelines for everyone.
3. Including a Probationary Period - this can create an implied contract which means can leave you stuck with problem employees.

Read more...

Latest HR Hot Topics

EEO-1 and VETS 100 Reports Due September 30th

The EEO-1 Report is an employer-compiled report that provides the federal government with workforce profiles by gender and defined race/ethnicity groupings in defined job categories. Private employers with 100 or more employees, as well as federal government contractors with at least one government contract of $50,000 or more and 50 or more employees, must file an EEO-1 Report form annually. Employers must use employment data from any pay period between July and September 2009 for the 2009 Report. Data must include all full-time and part-time employees.

Certain federal contractors are required to file a VETS 100 or VETS 100A Report form tracking the number of employees and new hires that belong to the categories of veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) and subsequent amendments to the Act.

Resumes Are Not Substitutes For Applications

A standardized job application provides a level playing field to all applicants, creating an applicant pool from which an employer can make objective employment decisions. The Texas Workforce Commission (TWC) has some good tips regarding job applications:
http://www.twc.state.tx.us/news/efte/job_applications.html

Temporary Employees

The key word here is employee. While a company may have a legitimate need to fill an employment position only temporarily, this does not exempt them from all standard employment obligations. According to TWC: Temporary employees hired directly by a company are the company's employees for all intents and purposes and can file unemployment claims when the job runs out. To find more detailed information about temporary employees:
http://www.twc.state.tx.us/news/efte/alternatives_to_hiring.html

Texas COBRA Law

Many people may be familiar with the Federal Consolidated Omnibus Reconciliation Act of 1986, most commonly known as "COBRA", which allows for the continuation of group health coverage for employees following a work separation. But how many people are aware that Texas has its own "COBRA" law in the form of the Small Employer Health Insurance Availability Act? This act "requires health benefit continuation rights for employees (and their beneficiaries) of company health plans if the company has two to 50 employees; the state law is very similar to the federal law, but with a shorter benefit continuation period (up to six months following the qualifying event); if the employee had federal COBRA coverage as well, the six months under Texas law begins after the federal COBRA period expires." For more details on both the Federal and State regulations see:
http://www.twc.state.tx.us/news/efte/cobra.html

Unemployment Rates Likely to Increase

Most Texas employers should plan for their unemployment insurance taxes to increase significantly next year, Texas Workforce Commission Chairman Tom Pauken of Dallas said Tuesday. While tax rates won't be set until December, Pauken said that mounting layoffs are close to exhausting a state trust fund, forcing him and two fellow commissioners recently to authorize what they expect to be $2 billion of interest-free borrowing from the federal government. That's just so the commission can pay Texans' unemployment benefits into next year, when Pauken said he anticipates issuing $2 billion of bonds to repay the feds. For more information see the Dallas Morning News story here.

Hurricane Season

Are you prepared? Whether or not your community and businesses are directly
impacted by the threat of hurricanes, this is a great time to address emergency
preparedness planning. Visit http://www.AllSafeMart.org for free templates, training and tools to use in developing plans to address workplace emergencies and business continuity.

 

Plan - Don't Panic: Influenza Response

If you do not have a contingency plan for responding to an influenza outbreak currently in place - don't panic, but don't wait any longer. For detailed instructions on how to develop a basic Emergency Preparedness Plan you can visit www.AllSafeMart.org for a free template, training materials and other resources.

Regarding Influenza: What are some simple steps that you can take today?

1. Protect Your Human Capital:

Express to your employees the importantance of their conscientious efforts for infectious disease control. Here are some handy flyers you can post and share with your team:

Flu/Influenza: A 5-Minute Safety Training Aid

Preventing the Flu: Good Health Habits Can Help Stop Germs

2. Keep Your Business Going

Assess both your vulnerabilities and the resources that will enable you to respond potential challenges such as:

- reduced workforce (whether through illness or because of school closures)

- supply chain disruption

- exposure risks for both employees and customers

- community regulations/guidelines

- more examples can be found at: http://www.osha.gov/Publications/influenza_pandemic.html#maintain_operations

Here is a detailed check list for elements to consider for influenza-specific contingency plans:

Business Pandemic Influenza Planning Checklist

Human Capital staff are available to assist you with emergency planning tools and sample policies to address the needs of your workforce. Please contact Deirdre Pattillo ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) 210.458.2096 or Faith Hinchman ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) 210.458.2430 for further assistance.

And remember, an ounce of prevention is worth a pound of cure. Plan - Don't Panic.

Texas Time Off to Vote

Question: Am I required to give my employees time off to vote?
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