Texas Human Resources Manual
Kemp Smith
C.B. Burns
About Kemp Smith
About the Texas Association of Business
Preface
Introduction - Features of the HR Library
Snapshot - An HR audit
Compliance thresholds
Hiring
Job descriptions
Consumer reports
New hire reporting
Affirmative action
Immigration
Discrimination
New employee orientation
Flexible work arrangements
Independent contractors
Telecommuting
Wages and hours
Child labor
Employee handbooks
Personnel files
Performance reviews
Workplace investigations
Discipline
Resolving disputes
Termination
Whistleblower protections
Plant closings and mass layoffs
Unclaimed assets and paychecks
Employment practices liability insurance
Unemployment insurance
Benefits
Pension and profit-sharing plans
Healthcare continuation
Healthcare portability and privacy
Family and medical leave
Active military and veteran's rights
Workers' compensation
Drugs and alcohol
Smoking in the workplace
Politics in the workplace
Safety and health
Workplace violence
Privacy
Criminal activity in the workplace
Changing technology
Lie detector tests
Trade secrets
Public employers
Unions
Diversity in the workplace
Appendix A: Recordkeeping requirements
Appendix B: Posting requirements
Appendix C: Employment reference websites
Appendix D: Directory of government agencies
An Employer’s Guide to FMLA and ADA
Ford & Harrison LLP
Nancy Van der Veer Holt
About FordHarrison LLP
About the Author
Introduction
Snapshot - An HR Audit
The Family and Medical Leave Act
Key Definitions
Employer Coverage and Employee Eligibility
Reasons for Leave
Serious Health Conditions
Military Leave Under the FMLA
Length of Leave
Notice and Documentation - Employee Obligations and Employer Challenges
Certifications Necessary for Leave
Employer Notice and Documentation Requirements
Employee Rights Under the FMLA
Enforcement of the FMLA
Amendments and Proposals
Introduction to the Americans with Disabilities Act
The ADA Amendments Act
Employers Covered
"Disability" in Detail
Reasonable Accommodation Under the ADA
The Pregnancy Discrimination Act
How the ADA Impacts Your Business
Enforcement of the ADA
Appendix A: Leave and Other State Laws
Employee Benefits – An Employer's Guide
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Ellisa H. Culp, Eric D. Penkert, Thomas M. Christina
About Ogletree Deakins
About the Authors
Preface
Employee Benefits Law
Life Insurance
Health Benefit Plans
Regulation of Group Health Plans
Healthcare Reform
Disability Plans
Severance Plans
Cafeteria Plans
Retirement Plans
Additional 401(k) Qualification Requirements
Non-Qualified Deferred Compensation Plans
Employee Communication Under ERISA
Fiduciary Duties Under ERISA
Other Fringe Benefits
Employment Verification: Immigration, Form I-9, and E-Verify
The Cavanagh Law Firm P.A.
David A. Selden, Heidi Nunn-Gilman, Jennifer L. Sellers, Julie A. Pace, Yijee Jeong
About the Cavanagh Law Firm PA
About the Editors
Snapshot - An HR audit
Immigration and employment
Immigration visas
Form I-9
Tips to complete the Form I-9
Conducting internal audits
Expired documents and the I-9 form
Anti-discrimination
Electronic completion and storage of Form I-9
No-match letter and wage reporting compliance
Additional Social Security number verification services
Investigations
IMAGE program
Responding to visits and calls regarding immigration
E-Verify
E-Verify regulations for federal contractors and subcontractors
Helpful steps to comply with E-Verify requirements
Criminal enforcement and I-9 audits
Appendix A: Sample memorandum
Hiring, Firing and Discipline for Employers
Ford & Harrison LLP
Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann
About FordHarrison LLP
About the Editors
Editor's Foreward
Snapshot - An HR Audit
Pre-Employment Issues
Pre-Employment Testing
Interviews
Background Checks
The Employment Relationship
New Hire Reporting
Policy Manuals and Employee Handbooks
Employee Personnel Files
Employment Contracts
Non-Compete Agreements and Trade Secrets
Affirmative Action
Discipline
Termination
Layoffs
Employment Litigation
Union Organizing Activity
Social Media
Appendix A: Federal Recordkeeping Requirements
Appendix B: Posting Requirements
Wages and Hours – An Employer’s Guide
Squire Patton Boggs
Jill S. Kirila, Shennan Harris
Squire Patton Boggs
About the Authors
Snapshot
Overview
Covered employers
Workers not covered by federal law
Leased or temporary employees
White-collar exemptions
Additional exemptions
Minimum wage requirements - nonexempt employees
Overtime compensation - nonexempt employees
What counts as “wages” - nonexempt employees
Determining work time - nonexempt employees
Deductions from pay
Recordkeeping requirements
Enforcement
Remote workers and telecommuting
Posting requirements
Employment of minors
Equal pay
Payment of wages
Where to go for more information
Appendix A: State agencies
Appendix B: Wage and hour district offices
Workplace Safety and Health Compliance Manual
Fisher & Phillips LLP
Edwin G. Foulke, Jr.
About Fisher Phillips LLP
About the Author
Snapshot - An HR Audit
Introduction
Duties and Responsibilities
Employer's General Duty
Recordkeeping Requirements
Safety Incentive Programs
Significant Standards
Inspections
Citations and Penalties
Settling Citations
Procedural and Affirmative Defenses
Criminal Penalties
Developing a Comprehensive Health and Safety Program
Whistleblower Protection
Emergency Response and Preparedness
Appendix A: Required Postings
Appendix B: Forms for Recording Work-Related Injuries and Illnesses
Appendix C: Partially Exempt Industries from OSHA Recordkeeping Requirements
Appendix D: Safety Checklist
Appendix E: State Plan Review Commissions/Boards
Appendix F: State Plan Notice of Contest Timeline
Appendix G: Emergency Action Plan Checklist
Appendix H: Safety Strategies
Appendix I: Model Written Lockout/Tagout Program
Appendix J: National, Regional, Local and Special Emphasis Inspection Programs
Appendix K: OSHA Injury and Illness Recordability Worksheet
Appendix L: Handling Violence in the Workplace
Appendix M: OSHA Increases Focus on Safety for Temporary Employees
Appendix N: OSHA Fact Sheet
Forms and Policies
WH-384 Certification of Qualifying Exigency
WH-385 Certification for Serious Injury or Illness of a Current Servicemember The Family and Medical Leave Act Poster (English)
The Family and Medical Leave Act Poster (Spanish)
WH-381 Notice of Eligibility and Rights & Responsibilities
WH-382 Designation Notice WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition
WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition I-9 Form (2017 -2019)
I-9 Form Instructions (2017 - 2019) No-Match Checklist I-9 Form (2017 - 2019)
I-9 Form Instructions (2017 - 2019)
Immigration Compliance and Acknowledgment Form Company Use Job Description
Sample Job Questionairre Employee Payroll Change Notice Form (Option 1)
Employee Payroll Change Notice Form (Option 2)
Employer Notice of Change in Employment
Salary Change Recommendation Form New Employee Checklist Adverse Action Notice
Certification to Consumer Reporting Agency
Disclosure and Authorization to Obtain Reports
Pre-Adverse Action Notice Job Description (Option 1)
Job Description (Option 2) Employment Status: A Comparative Approach Employer-Telecommuter Written Agreement Checklist 401(k) Plan Policy
Absence Control Policy
ADA Policy (If Employer or Employee not Covered by FMLA)
Bad Weather Policy
Benefits Policy
Bereavement Policy
Break Time for Nursing Mothers Policy
Cell Phone Policy (Option 1)
Cell Phone Policy (Option 2)
COBRA Policy
Compensation Policy
Compensation Review Policy
Complaint Procedure Policy (Option 1)
Complaint Procedure Policy (Option 2)
Computer System Policy
Confidential Company Information Policy
Conflicts of Interest Policy (Option 1)
Conflicts of Interest Policy (Option 2)
Conflicts of Interest Policy (Option 3)
Conflicts of Interest Policy (Option 4)
Conflicts of Interest Policy (Option 5)
Conflicts of Interest Policy (Option 6)
Continuing Education Policy
Direct Deposit Policy
Disciplinary Action Policy
Dress Code Policy (Option 1)
Dress Code Policy (Option 2)
Dress Code Policy (Option 3)
Dress Code Policy (Option 4)
Drug and Alcohol Policy (Option 1)
Drug and Alcohol Policy (Option 2)
Email Policy (Option 1)
Email Policy (Option 2)
Employee Assistance Plan Policy
Employee Classification Policy
Employee Suggestion Program Entry Form
Employment of Relatives Policy
Employment Status Policy
Equal Employment Policy
Examination of Pay Records Policy (Option 1)
Examination of Pay Records Policy (Option 2)
Family and Medical Leave Policy
Flexible Spending Plan Policy
General Rules and Regulations Policy
Harassment Policy
Health Insurance Policy
Holiday Policy (Option 1)
Holiday Policy (Option 2)
Hours of Work Policy (Option 1)
Hours of Work Policy (Option 2)
Inspection of Property Policy (Option 1)
Inspection of Property Policy (Option 2)
Interns Policy
Introduction Policy
Investment Policy
Jury Duty Policy (Option 1)
Jury Duty Policy (Option 2)
Layoff Policy
Long-Term Disability Policy
Military Leave Policy
Model Standards of Conduct-Discipline Policy
Music in the Workplace Policy
National Guard Policy
Newborns' and Mothers' Health Protection Act Notice
No-Fault Attendance Policy (Option 1)
No-Fault Attendance Policy (Option 2)
Non-Fraternization Policy (Option 1)
Non-Fraternization Policy (Option 2)
Non-Fraternization Policy (Option 3)
No Sick Time Policy (Personal Days)
No Solicitation Policy (Option 1)
No Solicitation Policy (Option 2)
Orientation Period Policy
Overtime Policy
Paid Time Off Policy
Payroll Advance Policy
Performance Review Policy
Personal Conduct Policy
Personal Days Policy
Personal Leave of Absence Policy
Personal Use of Company Property, Office Equipment and Supplies (Option 1)
Personal Use of Company Property, Office Equipment and Supplies (Option 2)
Promotion Policy
Receipt of Handbook Policy (Option 1)
Receipt of Handbook Policy (Option 2)
Receipt Statement
Reference Request Policy
Resignation Policy (Option 1)
Resignation Policy (Option 2)
Sample "Zero-Tolerance" Program
Short-Term Disability Policy
Sick Days Policy
Smoking Policy
Suggestion Policy
Telephone Usage Policy
Termination Policy (Option 1)
Termination Policy (Option 2)
Termination Policy (Option 3)
Time Cards Policy
Timekeeping Policy
Union-Free Policy (Option 1)
Union-Free Policy (Option 2)
Vacation Policy (Option 1)
Vacation Policy (Option 2)
Violence in the Workplace Policy
Voting Leave Policy
Wage Deduction Authorization Policy
Weapons Policy
Workers' Compensation Leave Policy
Workers' Compensation Policy Disciplinary Action Record
Disciplinary Rules and Regulations Checklist of Factors for Terminating and Replacing "Protected" Employees
COBRA Termination Report
Employee Separation Clearance Checklist
Exit Checklist
Exit Interview Form (Option 1)
Exit Interview Form (Option 2)
Separation Summary Applicant Statement and Release
Educational Reference
Employment Application (Option 1)
Employment Application (Option 2)
Employment Application (Option 3)
Employment Application (Option 4)
Employment Interview Analysis
Employment Reference
Federal Contractor Veteran's Employment Report VETS-4212
Interview Checklist
Interviewer Evaluation
Interviewing Checklist
Interviewing Form
Invitation to Self-Identify
Pre-Hiring Checklist
Reference Release Form
Release to Give Reference
Voluntary Self-Identification of Disability Beneficiary Designation Form (Option 1)
Beneficiary Designation Form (Option 2)
Cafeteria Plan Enrollment Form
Model Certificate of Creditable Coverage
Model Notice of Creditable Prescription Drug Coverage
Model Notice of Non-Creditable Prescription Drug Coverage
Participant Contribution Change Form
Participant Contribution Election Form
Participation Firm for Electing Rollovers to the 401(k) Profit-Sharing Plan
Participation Form for Electing Distributions after Termination of Employment
Pre-Age 59.5 Hardship Withdrawal Instructions (for Withholding 401(k) Contributions)
Pre-Age 59.5 Hardship Withdrawal Instructions (for Withholding Rollover Amounts)
Pre-Age 59.5 Hardship Withdrawal Request Form (for Withdrawing 401(k) Contributions)
Pre-Age 59.5 Hardship Withdrawal Request Form (for Withdrawing Rollover Amounts)
Statement of HIPAA Portability Rights Exempt Performance Appraisal
Job Classification Performance Review Form
Performance Appraisal Summary
Performance Evaluation Certificate of Group Health Plan Coverage
Statement of HIPAA Portability Rights Accommodation Request Form (Option 1)
Accommodation Request Form (Option 2)
Physician's Information Supporting Request for Accommodation
Physician's Release to Return to Work
Physician's Statement Concerning Leave
Request for Leave of Absence (Non-FMLA)
Request Form for Non-FMLA Leave WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition
WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition
WH-381 Notice of Eligibility and Rights & Responsibilities
WH-382 Designation Notice
WH-384 Certification of Qualifying Exigency
WH-385 Certification for Serious Injury or Illness of a Current Servicemember
WH-385-V Certification for Serious Injury or Illness of a Veteran Sample Acknowledgment-Consent Form
Sample Solicitation and Distribution Policy
Sample Telecommunications Policy Employment Confidentiality Agreement COBRA Information
Model Certificate of Creditable Coverage
Model COBRA Continuation Coverage Election Notice
Model COBRA Continuation Coverage General Notice
Time-of-Hire Notice to Qualified Beneficiary Concerning Continuation of Coverage and COBRA (Option 1)
Time-of-Hire Notice to Qualify Beneficiary Concerning Concentration of Coverage under COBRA (Option 2) OSHA Poster - Job Safety, It's the Law OSHA Form 300A - Summary of Work-Related Injuries and Illnesses
OSHA Form 300 - Forms for Recording Work-Related Injuries and Illnesses Model Written Lockout-Tag Out Program
