Proposed Federal Law Targets Employee Misclassification

Correctly classifying employees and independent contractors is about to become even more important. On April 22, the Employee Misclassification Prevention Act (EMPA) was introduced in the United States Congress as an amendment to the Fair Labor Standards Act (FLSA). If it becomes law, the EMPA will impose federal criminal penalties upon employers who categorize workers as [...]

IRS Issues HIRE Act Form for Employer Tax Break

With passage of the HIRE Act (Hiring Incentives to Restore Employment Act) last month, some employers are wondering how to take advantage of the tax breaks provided by the Act. The Act offers both a payroll tax exemption and a tax credit. First, employers who hire certain unemployed workers after February 3, 2010, and before [...]

Employee Texting Case Goes to Supreme Court

On Monday April 19, the U.S. Supreme Court is scheduled to hear a case that has important implications for employers who provide cell phone texting and other electronic communications tools to their employees. This case serves as a reminder to all companies to take precautions with electronic communications and the corporate policies that surround them: [...]

New Requirement for Nursing Mothers’ Break Time

Employers may not be aware of the Nursing Mother Amendment, signed into law on March 23 as part of the Patient Protection and Affordable Care Act of 2010.  The Amendment modifies the Fair Labor Standards Act (FLSA) and requires covered employers to provide break time to nursing mothers for at least the first year of [...]

Managing Employees During Economic Recovery

This is a short video training regarding employment law. It is conducted by Julie Plowman, J.D.. It is informational only. If you need legal advice, please contact a lawyer. Also, Julie is available for training your managers. Managing Employees During Economic Recovery (1 of 5) TitleManaging Employees During Economic Recovery (1 of 5) Runtime9:13 Views73 [...]

Moving Case Mgmt from the Provider to MRA

SB 1 Sect. 48 moved HCS case management to Mental Retardation Authorities (MRA). Currently, DADS does not plan on phasing in this shift, instead, DADS intends to ochestrate a mass move in June of 2010. DADS will hold a training for MRAs and providers in the spring before the change. The MRA will conduct enrollment [...]

Mental Health Parity Act Effective Date Delayed Until January 2010

New requirements for employee health care plans originally scheduled to go into effect next month now have been delayed for at least a few more months. Congress has deferred the effective date of the Mental Health Parity and Addiction Equity Act (MHPA) until January 2010. The MHPA does not require health insurance plans to provide [...]

New FMLA Standards Applicable: Some Employees May Be Entitled to Up To 26 Unpaid Weeks Leave

On January 28, 2008, President Bush signed into law new FMLA leave entitlements for military families (“military family leave provisions”). The National Defense Authorization Act for FY 2008 amended the FMLA to provide two new types of unpaid military family leave for FMLA-eligible employees: “qualifying exigency leave” and “military caregiver leave.” Both types of leave [...]

HCS & TxHML Providers–access to Child Abuse & Neglect Reporting System (Screen employees)

DADS is making Client Abuse and Neglect Reporting System (CANRS) available to HCS and TxHmL providers to allow providers to conduct pre-employment screenings of employees in order to find confirmed allegations of abuse, neglect and exploitation while employed at State Schools, State Hospitals, and State Centers.” The provider letter gives instructions on how such providers [...]

What’s in a Rule?

Earlier this year, the Texas Supreme Court issued an opinion outlining the definition of a “rule.” El Paso Hospital Dist. v. HHSC, 247 S.W.2d 709 (Tex. 2008). The Court stated, “a presumption favors adopting rules… through the formal rule-making procedures.” This case supports the premise that agency action may be invalidated if it isn’t backed [...]

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