Embed Size (px)
Citation preview
Welcome
What a great day!
We will have a full house today –
please leave space for those
who arrive later.
Thanks!
Housekeeping Items HOUSEKEEPING ITEMS:
CELL PHONES - Please turn cell phones to vibrate, and take calls outside.
NO SMOKING – This is a non-smoking facility.
RESTROOMS – Are located throughout the facility. Staff can give you directions.
BREAKS – There will be two breaks today – morning and afternoon.
LUNCH – – Lunch is one hour and 20 minutes long and will be on your own.
Housekeeping Items 2
HOUSEKEEPING ITEMS:
STAFF – All staff attorneys will be here throughout the day to take your questions.
CONTINUING PROFESSIONAL CREDIT – Six hours of CPE are available for accountants and general professional credit. Forms will be available at the registration desk this afternoon.
EMERGENCIES – In the event of an emergency alarm, please make your way to the nearest exit as quickly and safely as possible. We’ll return when the danger has passed.
ENJOY YOUR DAY!
Important Reminder
IMPORTANT REMINDER:
The Commissioner is unable to discuss specific cases with any party to a claim or lawsuit involving TWC.
The Commissioner’s staff attorneys welcome your questions and will give the best information they can, but they do not give legal advice or make official rulings on agency matters, nor should they be cited as authorities in any matter before the agency or when dealing with agency staff about a case.
TBC Frequently-Asked Questions
Texas Business
Conference
Frequently-Asked
Questions
What is the minimum wage?
What is the federal
minimum wage?
$7.25/hour
Original minimum wage in 1938?
TRIVIA: What was the
original minimum wage
in 1938?
$0.25/hour
Are breaks required?
Are employers required to
provide breaks?
Federal and Texas laws do not
require employers to provide
breaks or meal periods, except for
certain safety-related positions.
Minimum tenure for a chargeback?
What’s the minimum period of time an employee has to work before a UI tax account can be charged?
There is no minimum time an
employee must work before the
unemployment tax account can
be liable.
Medical exam requirement?
May an employer require
applicants to pass a medical
exam before offering a job?
No. The Americans with Disabilities
Act (ADA) prohibits pre-offer
medical exams.
Drug test requirement?
May an employer require
applicants to pass a drug
test before offering a job?
Yes. Under the ADA, drug tests
are not considered medical exams.
BFOQ?
What does BFOQ stand for?
Bona Fide Occupational
Qualification.
How long to keep job applications?
How long should I keep job
applications?
Keep job applications for at least one year.
How long to keep payroll records?
How long should I keep
payroll records?
Keep payroll records at least four
years.
Keep medical records in personnel file?
Can I keep an employee’s
medical records in their
regular personnel file?
No. The ADA and the FMLA require
employers to maintain medical
records in separate medical files.
New hire reporting?
Whom should I call to report
new hires?
The Texas New Hire Reporting
Office at 1-800-850-6442
What does ADEA stand for?
What does ADEA stand for?
Age Discrimination in
Employment Act
Final pay deadline for a terminated employee?
How long does an employer
have to pay a terminated
employee his final
paycheck?
The Texas Pay Day Law allows
employers six calendar days in
which to pay a terminated
employee.
Final pay deadline for an employee who quit?
How long before an employer
has to pay an employee who
voluntarily quits?
Employees who voluntarily quit
must be paid by their next
regularly scheduled payday.
Are all salaried employees exempt from overtime?
Are all salaried employees
exempt from overtime?
No. Many salaried employees
must be paid overtime, unless they
have an exempt-level duty as their
primary duty.
Do I have to grant vacation requests?
If an employee has accrued leave time and tells you he needs to take a few days off, do you have to let him take the time, even if you need him on the job?
No. In fact, most company policies state that time off is to be taken at the mutual convenience of both the employee and the employer.
Early acceptance of resignation notice?
May an employer accept an
employee’s two-week
resignation notice
immediately?
Yes. If the notice is for two weeks
or less, employers may accept the
resignation and end the
employment relationship
immediately.
Pay through end of notice period?
If an employer accepts a
resignation early, does he
have to pay the employee for
the remaining notice period?
No. Employers are not obligated to
pay for the remaining notice period,
if the employee does not work.
What if employee gives more than two weeks’ notice?
What if the resignation notice
is in excess of two weeks?
If the employer releases the
employee before the final two-
week period, TWC may view it as
a termination instead of as a
voluntary quit.
Pay for unused vacation or sick leave?
Must an employer pay
departing employees for
unused vacation or sick
leave?
The Texas Pay Day law only
requires payment of vacation and
sick leave pay when it is owed
under a written agreement or
written policy of the employer.
What is considered full-time employment?
What constitutes “full-time”
employment in Texas?
No Texas or federal law
establishes any particular number
of hours as “full-time”. Employers
may establish their own guidelines
for “full-time” employment in their
policies.
Do I need written authorization for wage deductions?
Do I need written
authorization for wage
deductions?
Yes, unless the deduction was
ordered by a court or is either
required or specifically authorized
by a law.
Can I deny vacation leave?
Do I have to grant vacation
leave when an employee
wants it?
No. Such leave is presumed to be
taken at the mutual convenience
of the employee and employer.
Have employees get permission
well in advance.
Recent UI Fraud Prosecutions
Name Offense Sentence Restitution Fine J. Collins Felony Theft Probation-5 yrs $3,168 $500
G. Jones
Service
Felony Aggravated
Theft
Deferred adjudication-5
yrs
$7,542/$293
fees/160 hrs comm.
--
M.B-H. Felony Theft Probation-3 yrs $4,515 $300
J. Cano Felony Theft Deferred adjudication-5
yrs
$7,944 $300
D. Coleman Felony Theft Deferred adjudication-3
yrs
$5,804 $500
L.F. Exec. of doc. by
deception
Deferred adjudication-5
yrs
$14,743 $500
S. Feddeler Felony Theft Probation-4 years $10,578 $500
A Gordon Felony Theft Deferred adjudication-3
yrs
Full overpay
amount
$650
M. Mata Felony Theft Deferred adjudication-5
yrs
$9,184 $500
T. Williams Felony Theft Deferred adjudication-5
yrs
Full overpay
amount
$500
V. Willie Tampering w/govt
records
Probation-2 yrs $8,012 --
N. Haggerty Felony Theft Probation-5 yrs $5,141 & $308 fees --
Don’t be a doormat for your employees
Don’t Practice the Doormat Theory of Employee Management.
Don’t be afraid to take action when an employee is doing something unacceptable, or to say “no”, if they ask for something that should not be granted.
Big News for Small
Businesses in Texas!
Training for newly-hired and existing workers
Tuition paid up to $1,450 for your new hires and up to
$725 for your existing employees
Select courses from college catalogs
Skills for Small Business
For information on Skills for Small Business,
including assistance with submitting an
application:
Visit our booth at each of the Texas Business
Conferences
Phone: 1-877-463-1777
e-mail: [email protected]
Web: ssb.texasworkforce.org
Skills training for recently-separated veterans
TWC Grants Available to Texas Employers
$1 Million Returning Veterans Skills Training Fund
• Skills training for recently-separated veterans.
• Employee training programs in fields that promote Texas future job growth.
Contact TWC Workforce Business Services: 1-512-463-8844
Don’t forget
DON’T FORGET:
• Your input matters -- fill out the evaluation
and workforce questionnaire
• Give us your name and address to
subscribe to Texas Business Today, or
send an e-mail to
• Visit the agency’s website at
www.texasworkforce.org
Final thoughts
DON’T FORGET TO:
• Report UI fraud/abuse for possible
investigation: 1-800-252-3642.
• Every situation is unique – we provide
information, but not legal advice!
• Visit or contact your Local Workforce
Center.
• Hire for skill AND for “fit” - when employees
don’t work out, handle employee
performance and attitude problems early.
