All Posts By

Laurie Howell

Fair Chance Hiring & Ban the Box – What does this Austin Ordinance Require of an Employer?

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http://www.austintexas.gov/fairchancehiring We routinely get asked questions around Austin’s Fair Chance Hiring Ordinance and Ban the Box Guidelines.  Simply stated, this Austin Ordinance, enacted in March of 2016, prevents private employers who have 15+ employees from asking questions of an applicant about their prior criminal history during the application process.  This…

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What is the technical or otherwise common definition of an employee’s termination date? Is it the date the on which the termination occurs or the last date the employee performed work?

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Typically, the termination date is the day that the actual termination occurred. It may or may not coincide with the final day of work, depending on the circumstances.  For example, many companies have a no-call, no-show provision in their attendance policy (e.g., three days of no-call, no-show will result in…

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We want to hire an administrative assistant. Can we classify this person as an independent contractor during a 90-day try-out period and then, if they work out, hire them as a full-time employee at the end of the 90 days?

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The short answer is no. It’s highly unlikely that an administrative assistant would meet the criteria for classification as an independent contractor. The IRS and the U.S. Department of Labor, along with state agencies, have specific criteria for determining who is an employee and who is an independent contractor. These…

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Working Interviews and Alternatives

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Few things are more frustrating for employers than finding out that a new hire oversold their knowledge, skills, and abilities. The employee looked great on paper and appeared confident and competent in the interview, but when it came to doing the basic duties of the job, they just didn’t have…

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