Texas HR Law Update

For private employers, the application of the  Family Medical Leave Act (FMLA) depends on the number of individuals employed, both at a given location and overall.  The general rule is that the act applies to any employer with more than 50 employees but there is an exception for employees who work at location with less than 50 employees.  These employees are not covered even if the total number of employees for the business exceeds 50 and even though employees at larger locations are covered.  In order for this exception to be applicable, there must be a total of less than 50 employees within a 75-mile radius. The act is applicable to any employer who has the requisite 50 employees “each[…]

According to the Small Business Administration, “an employee handbook is the most important communication tool between you and your employees.”  The SBA also advises:  “An employee handbook should describe your legal obligations as an employer, and your employees’ rights.”  This sounds an awful lot like a contract and without careful drafting, an employer may end up creating an employment contract where none is intended. Let’s start with the basics.  Texas is an “at will” employment state.  This means that absent an agreement to the contrary, employment can be terminated at any time by either party, with or without cause and with or without advance notice. If you are like the majority of employers, you like the idea of being able[…]