Texas News & Analysis

  • Preparation, training help employers cope with unsettling ICE news

    The thought of immigration enforcement agents surrounding a workplace, seizing business records, questioning employees, and even making arrests is worrisome to say the least. But it has been and likely will continue to be a reality for many employers since audits and raids by U.S. Immigration and Customs Enforcement (ICE) are on the upswing. Plus, the Social Security Administration has once again begun sending "no-match letters" to employers that have W-2 forms with mismatched names and Social Security numbers. Now referred to as educational correspondence (EDCOR) or an employer correction request (ECR), the letters require employers to take action to resolve the problem. So the signals are clear: Employers with undocumented workers are on notice that they face serious consequences.

  • New OT rule sparks questions beyond where to set salary threshold for 'exempt' status

    It has taken several years, but the U.S. Department of Labor (DOL) has finally issued its new final rule determining which employees can be exempt from the law requiring overtime pay. The new rule, slated to take effect January 1, 2020, is far more moderate than the Obama administration's effort to update the salary threshold for the overtime exemption. A federal judge struck down that rule shortly before it was to go into effect in December 2016.

  • Workplace Trends

    Report details persistent wage gap affecting black women. Black women who work full time year-round typically are paid 61 cents for every dollar paid to white, non-Hispanic men, according to a fact sheet from the National Women's Law Center released in August. The wage gap also contributes to the wealth gap, the fact sheet says, and is an obstacle to black women's economic security over their lifetimes. The report says that in 1967, a black woman working full time year-round typically made 43 cents for every dollar a white man made. In 2017, the most recent year for which figures are available, the gap had narrowed by just 18 cents. The wage gap is wider in certain areas. The report lists the 10 worst states for black women's wage equality: Louisiana, a wage gap of 53 cents; Washington, D.C., a gap of 49 cents; Utah, 47 cents; South Dakota, 47 cents; New Jersey, 44 cents; Mississippi, 44 cents; Connecticut, 43 cents; South Carolina, 43 cents; Alabama, 41 cents; and Texas, 41 cents. The gap for the United States as a whole is 39 cents.

  • Association retirement plans may not be ready for prime time

    The U.S. Department of Labor (DOL) recently finalized regulations allowing multiple employers to offer a retirement plan to their employees through a combined association retirement plan (ARP). In what is becoming a common theme for the agency under President Donald Trump, the new rules are intended to make it easier for small to mid-sized employers to offer such plans to their employees. While they are similar to rules finalized last year that established a new type of association health plan, they go even further by establishing guidelines for professional employer organizations (PEOs) to sponsor retirement plans for their members' employees. Unfortunately, they also may face some of the same problems as those rules, but we're getting ahead of ourselves.

  • Workplace Trends

    Texting gaining popularity in hiring process. More employers and job candidates are using texting as a communication method, according to research from Robert Half Technology. More than two-thirds (67%) of IT decision makers surveyed said their organization uses texting as one way of coordinating interviews with job candidates. Nearly half (48%) of U.S. workers polled in a similar survey said they've received a text message from a potential employer. When asked about the greatest advantage of texting during the hiring process, quick communication was the top response among IT managers and workers. They also acknowledged the greatest drawback was the possibility of miscommunication.

  • FMLA-qualifying? Dad with dementia needs daughter's help

    Q An employee who is eligible for Family and Medical Leave Act (FMLA) leave has asked to use it to spend time with her father, who is in a nursing home but having difficulty settling in. He has dementia and will listen only to family members. Is this a qualifying event? She wouldn't be the primary caregiver.

  • Immigration policy tips: Don't ask, don't probe unless . . .

    The year is 2019, but I want to take you back to the 1990s for just a moment. Do you remember where you were in December 1993? President Bill Clinton had just signed an order directing military personnel not to ask about or initiate investigations of servicemembers' sexual orientation without having witnessed the disallowed behavior. The directive also instructed service members and recruits not to disclose their sexual orientation. The policy ― Don't Ask, Don't Tell (DADT) ― was the law of the land until 2011, when it became legal to be gay and serve in the military.

  • Agency Action

    NLRB reveals rulemaking plans. The National Labor Relations Board (NLRB) in May announced its rulemaking priorities, which include proceeding with its rulemaking on a standard for joint employment. The Board's agenda also includes plans for rulemaking in the following areas: representation-case procedures; standards for blocking charges, voluntary recognition, and the formation of bargaining relationships in the construction industry; the standard for determining whether students who perform services at private colleges or universities in connection with their studies should be considered employees; and standards for access to an employer's private property.

  • Workplace Trends

    Think you've made a hire? Maybe not. A survey from staffing firm Robert Half shows that more than a quarter of workers (28%) have backed out of a job offer after accepting the position. Why would a jobseeker do that? The survey says 44% of those changing their minds backed out after receiving a better offer from another company. For 27%, a counteroffer from their current employer led to the change of heart. In 19% of the cases, the jobseeker reported hearing bad things about the company after receiving the offer. The cities where jobseekers are more likely to renege are San Diego, San Francisco, Chicago, Houston, Austin, and Miami.

  • Workplace Trends

    Research finds lack of mentorship and coaching. New data from media agency network Mindshare U.S. found that 42% of U.S. employees said their companies either don't offer mentorship programs or don't offer enough of them. Men were more likely than women to say they either got enough or more than enough mentorship programs at work, at 57% versus 42%. The research also found that 66% of U.S. employees rank ongoing feedback or coaching on their work as an important or very important benefit in the workplace. Yet 28% of people surveyed said that they either don't get enough ongoing coaching or feedback or that their companies don't even offer it. The data showed that women were more likely than men to feel that way, at 31% versus 25%.