HR Laws

August 26, 2022

Public Comment Period Open for Form I-9 Proposed Rule

The Department of Homeland Security (DHS) is welcoming public comments on a Notice of Proposed Rulemaking related to the examination of Form I-9 documents.

tagged: Hiring, HR

August 22, 2022

Can Teachers Leave Campus during Lunch?

District leaders must abide by the rules for duty-free lunch entitlements for teachers, including allowing them to leave campus.

tagged: "Employment law", HR

August 19, 2022

Teacher Appraisal Reminders

As the school year begins, administrators and teachers should begin engaging in the teacher appraisal process to ensure effective teaching is happening in the classroom from day one and beyond.

tagged: "Employee performance", "Teacher onboarding", "Teacher training", T-TESS

August 10, 2022

Supporting Nursing Mothers

The U.S. Department of Labor’s (DOL) Wage and Hour Division and Women’s Bureau announce a series of events to commemorate National Breastfeeding Month and new resources for parents and employers.

tagged: "Department of Labor", DOL, HR, "Wage and hour"

August 09, 2022

Child Labor Law Enforcement

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has signaled increased enforcement of child labor laws, as noted in a recent HR Dive Brief.

tagged: "Department of Labor", DOL, "Fair Labor Standards Act", FLSA, "Wage and hour"

June 28, 2022

Title IX Proposed Revisions Released

The Title IX proposed revisions were released for public comment by the U.S. Department of Education (USDE) on the 50th anniversary of the law.

tagged: Diversity, "EEOC compliance", Hiring, "HR training"

June 03, 2022

Family and Medical Leave for Mental Health

New publications from the Department of Labor (DOL) provide guidance on the applicability of family and medical leave (FML) for mental health conditions.

tagged: "Department of Labor", DOL, "Family and medical leave", FMLA

June 02, 2022

Reading Academies Updates

The commissioner of education recently announced updates regarding required reading academies.

tagged: "Professional development", "Teacher training"

May 16, 2022

Model Employee Handbooks Updated

The 2022 updates to the Model Employee Handbook (MEH) and the Community College MEH are now available to TASB HR Services members.

tagged: "Employee handbook", HR

May 11, 2022

HR and Policy: Nepotism

An understanding of nepotism rules and local provisions is necessary to ensure relatives of board members and in some cases the superintendent, are excluded from employment.

tagged: Employment, "Employment law", Hiring

May 06, 2022

Q&A: Penalty-Free Resignation Date

Implementation of House Bill (HB) 2519 passed during the Regular Session of the 87th Texas Legislature continues to cause confusion for school districts as they begin to calculate the penalty-free resignation date (PFRD) for this school year.

tagged: "Educator contracts", "Employment law", "Teacher contracts", Termination

April 26, 2022

HR and Policy: Contract Administration

Texas Education Code (TEC) Chapter 21 provides the legal framework for educator contracts, and a district’s local policy manual outlines local choices that must be considered during the hiring process.

tagged: "Districts of innovation", DOI, "Educator contracts", Hiring

April 25, 2022

Typical Teacher Works 54 Hours per Week

The results of a recent national teacher survey showing a typical teacher works a median of 54 hours a week may serve as a reference for determining teachers’ family and medical leave (FML) eligibility and number of hours of intermittent leave.

tagged: "Family and medical leave", FMLA, Leave

April 04, 2022

No Change to the Penalty-Free Resignation Date

The penalty-free resignation date (PFRD) remains the same despite the adoption of House Bill (HB) 2519 passed during the Regular Session of the 87th Texas Legislature.

tagged: "Educator contracts", "Employment law", "Teacher contracts", Termination

March 28, 2022

Temporary Policy for Form I-9 Documents Ends May 1

The temporary US Citizenship and Immigration Services (USCIS) policy allowing employers to accept expired identity documents for the Employment Eligibility Verification (Form I-9) will end on May 1

tagged: COVID-19, "Epidemic Response", Hiring, "Personnel records"

March 17, 2022

Evaluation and Appraisal Reminders

Early to mid-spring is the time to complete teacher and principal appraisals as well as evaluations for all employees including auxiliary staff.

tagged: "Employee performance", "HR training", "Records retention", T-TESS

March 03, 2022

Q&A: Teacher Service Records

The teacher service record (FIN-115) or a similar form is the official document used to record years of service claimed for salary increment purposes and state leave data.

tagged: Compensation, "Creditable service", HR

February 24, 2022

Determining FML Eligibility Following a Break in Service

An employee who returns to work for the same employer may meet eligibility criteria for family and medical leave (FML) and access leave in the first 12 months of reemployment.

tagged: "Family and medical leave", FMLA, Leave

February 16, 2022

SBOE Adopts Contract Abandonment Proposed Rules

The State Board of Education (SBOE) adopted proposed rules to Chapter 19 Texas Administrative Code (TAC) §249.17 regarding contract abandonment at its January meeting.

tagged: "Educator contracts", "Employment law", "Teacher contracts", Termination

February 09, 2022

Terminating At-Will Employees

In Texas, at-will employees can be terminated at any time for any reason, as long as it’s not an illegal reason, if it is in the best interest of the employer.

tagged: "Employee discipline", "Employee performance", Termination, Unemployment

February 03, 2022

Contract Nonrenewal: Concerns and Considerations

With contract season quickly approaching, it’s important to remember nonrenewal of a term contract must be based on one or more reasons specified in Policy DFBB (LOCAL).

tagged: "Educator contracts", "Employment contracts", Nonrenewal, "Teacher contracts"

January 25, 2022

Tips for Accepting End-of-Year Contract Resignations

As districts move into the last semester, it’s a good time to review practices relating to the acceptance of a contract employee’s end-of-year resignation.

tagged: "Educator contracts", "Employment contracts", "Teacher resignations", Termination

January 13, 2022

Frequently Asked Contract Questions

Questions often arise during the spring semester when districts issue contracts to returning and new employees.

tagged: "Educator contracts", "Employment contracts", "Teacher contracts"

December 13, 2021

Crediting and Recording Military Service

Properly crediting military service for salary purposes requires an understanding of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the commissioner rules for creditable service.

tagged: "Creditable service", Leave, Salaries

December 06, 2021

FLSA Exemption Classifications and Common Mistakes

Correctly determining exemption status can help a district avoid consequences such as recovery of back wages, penalties and fines, or even personal liability of a supervisor.

tagged: "Employment law", "Exemption status", "Fair Labor Standards Act", FLSA, Overtime

December 02, 2021

Disaster-Related Military Leave

HR professionals in Texas public education entities could find themselves caught off guard by atypical active duty leave requests due to recent changes in available types of military leave.

tagged: Leave

November 29, 2021

New TASB School Law eSource Guidance on Mask Mandates

TASB Legal Services has published new guidance on mask mandates.

tagged: COVID-19

November 23, 2021

Recouping Overpayments or Equipment Costs

Districts need to consider several factors before withholding an employee’s pay to recoup overpayments of wages or costs for lost or damaged equipment.

tagged: Compensation, "Employment law", "Fair Labor Standards Act", FLSA, "Payday law"

November 19, 2021

Automatic Extension of Employment Authorization Document

Organizations employing foreign nationals have encountered struggles in determining continued eligibility to work for those renewing their employment authorization document.

tagged: "Employment law", Hiring, HR

November 09, 2021

Board Approval for Class Size Exceptions

TASB HR Services has received questions from school districts asking if they are required to get board approval to submit a class size exception.

tagged: "Districts of innovation", DOI, TEA, "Texas Education Agency"

November 02, 2021

Reporting COVID Leave on Form W-2

As the end of the year approaches, educational entities are asking if COVID leave needs to be reported on an employee’s W-2 form, as was required in 2020.

tagged: Benefits, "Epidemic Response", Leave

October 22, 2021

Contract Abandonment

Public comment is open October 22 through November 22 on proposed rule changes to Chapter 19 of the Texas Administrative Code (TAC) §249.17 regarding contract abandonment.

tagged: "Educator contracts", "Employment law", "Teacher contracts", Termination

October 21, 2021

New Employment after Retirement Information

The Teacher Retirement System of Texas (TRS) recently posted a brochure detailing the limits and exceptions on employment after retirement (EAR) for retirees and TRS-covered employers.

tagged: Compensation, Hiring, "Retire rehire", "Teacher Retirement System", TRS

October 18, 2021

Annual Fingerprinting Certification and Statement of Compliance

The Texas Education Agency (TEA) announced a deadline of Friday, November 19, 2021, for submitting a completed 2021–2022 Annual Fingerprinting Certification and Statement of Compliance.

tagged: "Criminal history", TEA, "Texas Education Agency"

October 08, 2021

Pay Deductions for Unapproved Leave

Two common misconceptions are that employees can use leave in any way and at any time they choose and that the Fair Labor Standards Act (FLSA) prevents an employer from docking pay for exempt employees.

tagged: Benefits, "Employee handbook", "Fair Labor Standards Act", FLSA, HR

October 06, 2021

Limitations on State Personal Discretionary Leave

Districts can’t restrict the purpose for which state personal discretionary leave is used, but they can place limitations on the timing and duration of the leave.

tagged: Benefits, "Employee handbook", HR, Leave

September 29, 2021

EEO-5 Submission Due Date Approaching

COVID-19 delayed the 2020 biennial collection of EEO-5 data, but the electronic data collection site opened on July 27, 2021, with a due date of Monday, October 4, 2021. 

tagged: "EEOC compliance", "Employment law", Surveys

September 22, 2021

Updated Electronic Records Information Available

The Electronic Records document, available in the HR Library, has been revised to reflect updates made to the Texas State Library and Archives Commission (TSLAC) Local Government Bulletin B.

tagged: HR, HRIS, "Human Resources Information System", "Personnel records", "Records retention"

September 17, 2021

Duty-free Lunch Entitlement

Campus principals must consider statutory limitations before assigning teachers and librarians to lunch duty.

tagged: "Employment law", HR

September 16, 2021

Responding to Employees Who Don't Follow FMLA Procedures

Employers can delay or deny a Family Medical Leave Act (FMLA) request if an employee fails to follow FMLA and leave reporting procedures.

tagged: "Employee discipline", "Family and medical leave", FMLA

September 13, 2021

Q&A: Medical Examinations during Employment

TASB HR Services addresses questions concerning an organization’s ability to require an employee to undergo a medical evaluation to determine whether the employee has an impairment that interferes with their ability to perform required job duties.

tagged: "Employee performance", Employment, "Employment law", HR

September 09, 2021

Updated ACA Affordability Calculator Available

The updated ACA Affordability Calculator for Texas school districts is available in the HR Library (member login required).

tagged: ACA, "Affordable Care Act", Benefits, Compensation

September 02, 2021

Join Us for HR Academy and Advanced HR Seminar

TASB HR Services is proud to present the 2021 HR Academy and the new Advanced HR Seminar.

tagged: Compensation, "Fair Labor Standards Act", FLSA, "HR training", Leave

August 27, 2021

Extended and Intermittent Leave at the Beginning of the Year

As a new school year begins, districts are asking how to handle extended and intermittent absences.

tagged: Benefits, "Family and medical leave", FMLA, Leave

August 24, 2021

Additional Leave for COVID-Related Absences

As the school year begins, school districts are again responding to requests for leave for COVID-related absences.

tagged: COVID-19, Leave

August 16, 2021

New Firearms Prohibited Posters Available

Two new posters regarding firearms on school district premises are available in the TASB Store.

tagged: "Employee notices", "Worksite posting"

August 10, 2021

Parent Retention Option May Affect School Staffing

Staffing plans for schools may be impacted by Senate Bill 1697 of the 87th Regular Session of the Texas Legislature which allows a parent to choose retention of their child in pre-K through grade 8 or repeat a high school course.

tagged: Hiring, HR, Staffing, TEA, "Texas Education Agency"

August 06, 2021

The Top-10 Most Common Questions on Educator Contracts

HR Services consultants and Legal Services attorneys regularly field calls from district staff about educator contracts, and while many are questions with very particular and specific sets of circumstances, there are general topics and themes that emerge as common among districts. Following is a list of the top-10 most common general contract questions, in no particular order, along with answers and links to additional resources.

tagged: "Educator contracts", "Teacher contracts"

August 05, 2021

Update Coming to Educator Certification Online System (ECOS)

Texas Education Agency (TEA) is providing an update to the ECOS beginning August 24, 2021, that will allow school districts to download additional certification information for teachers.

tagged: Certification, Compensation, TEA, "Teacher certification", "Texas Education Agency"

August 02, 2021

DOL Rescinds Joint Employer Rule

The U.S. Department of Labor (DOL) released a new final rule on July 29 that rescinds the previous administration’s “joint-employer” rule that went into effect in March 2020.

tagged: "Department of Labor", DOL, "Employment law", "Fair Labor Standards Act", FLSA, "Independent contractor"

July 30, 2021

What’s New with Title IX?

The U.S. Department of Education’s Office for Civil Rights recently released “Questions and Answers on the Title IX Regulations on Sexual Harassment” clarifying schools’ obligations and highlighting procedures when responding to complaints of sex discrimination and sexual harassment.

tagged: "Employee discipline", "Employee handbook", "Employment law", "Professional development"

July 28, 2021

Updated Leave Administration Framework Available

Updates to the Framework for Developing Leaves and Absence Procedures are completed and available in the HR Library (myTASB login required).

tagged: Leave

July 27, 2021

Hiring Teachers Late in the Summer

With the first day of school just weeks away, many Texas school districts are having a very difficult time filling teacher vacancies. Some large districts are reporting hundreds of openings while smaller districts are reporting having no applicants for posted teacher positions.

tagged: Hiring, Recruiting, "Teacher certification", "Teacher shortage"

July 19, 2021

TRS Schedules HR-Related Training

The Teacher Retirement System of Texas (TRS) has announced upcoming HR-related trainings for higher education and school districts.

tagged: "Retire rehire", "Teacher retirement", "Teacher Retirement System", TRS

July 14, 2021

Legislative Updates Webinar Available

A new HR Services webinar provides an overview of the various bills passed during the 87th Regular Session of the Texas Legislature impacting human resources. 

tagged: Certification, "HR certification", "Teacher Retirement System", "TRS ActiveCare"

July 09, 2021

DHS Releases Updated I-9 Receipt Guidance

Guidance on use of receipts for replacement document needed to verify Form I-9 was recently updated and published on the U.S. Citizenship and Immigration Service (USCIS) website.  

tagged: Employment, "Personnel records"

July 08, 2021

Training and Staff Development Plans for 2021–2022

Members are wondering when the TASB School Law eSource School District Training Chart will be updated.

tagged: Certification, "Professional development", "Teacher training"

July 01, 2021

Legislative Update: General Personnel Issues

Several bills related to general personnel issues were passed during the 87th Regular Session of the Texas Legislature.

tagged: Employment, Hiring, HR

June 30, 2021

Legislative Update: Training and Staff Development

Training and staff development requirements were impacted by bills passed in the 87th Regular Session of the Texas Legislature.

tagged: Certification, development, Professional, Teacher, training

June 29, 2021

Legislative Update: Teacher Retirement System Issues

Several bills related to the Teacher Retirement System (TRS) were passed during the 87th Regular Session of the Texas Legislature.

tagged: Benefits, Health, insurance, Rehire, Retirement, System, Teacher, TRS

June 28, 2021

Legislative Update: Assault, Harassment, Abuse, Neglect, and Misconduct

The topics of sexual assault, abuse and neglect, educator misconduct, and sexual harassment were addressed in several bills passed during the 87th Regular Session of the Texas Legislature.

tagged: Employee, HR, performance, Termination

June 25, 2021

Legislative Update: Certification and Licensing

Several bills were passed in the 87th Regular Session of the Texas Legislature that have implications for certification and licensing.

tagged: Certification, Employment, Teacher

June 24, 2021

Legislative Update: Leave Benefits

New categories of paid leave for employees engaged in military service and peace officers are required as the result of 87th Regular Session of the Texas Legislature.

tagged: Benefits, Leave

June 16, 2021

Updated T-PESS Rubric Required

Beginning this school year, local education agencies (LEAs) must use the updated Texas Principal Evaluation and Support System (T-PESS) rubric to meet the commission’s recommended principal appraisal system requirements.

tagged: "Employee performance", "HR training", "Professional development", TEA, "Texas Education Agency"

June 09, 2021

Model Employee Handbooks Updated

The 2021 updates to the Model Employee Handbook (MEH) and the Community College MEH are now available to TASB HR Services members.

tagged: "Employee handbook", HR

June 03, 2021

Senate Bill 202 and TRS Surcharge Responsibility

Upon the governor’s signing of Senate Bill 202, school districts will no longer be able to pass the responsibility of the Teacher Retirement System (TRS) surcharge to a retiree through payroll deduction, by imposing a fee, or by any other means to recover the cost.

tagged: Hiring, "Teacher retirement", "Teacher Retirement System"

May 27, 2021

DHS Provides Flexibility for Reviewing I-9 Documentation

The Department of Homeland Security (DHS) relaxes the requirements to review Form I-9 documentation in the employee’s physical presence if normal operations are being performed remotely because of COVID-19.

tagged: Hiring, HR, "Personnel records"

May 11, 2021

Calculating Penalty-Free Resignation

It's important to know what the penalty-free resignation date is and how to calculate it.

tagged: "Educator contracts", "Employment contracts", "Teacher contracts", Termination

May 06, 2021

FML for Spring and Summer Births

A common family and medical leave (FML) question is whether a 10-month employee who has a baby late in the spring or over the summer can take family and medical leave (FML) at the beginning of the school year to bond with the baby.

tagged: "Family and medical leave", FMLA, Leave

May 06, 2021

DOL Withdraws Rules for Determining Independent Contractor Status

On May 5, 2021, the Department of Labor (DOL) announced the withdrawal of the new independent contractor rule.

tagged: "Department of Labor", DOL, "Fair Labor Standards Act", FLSA

May 05, 2021

TRS Retirees Exception for Summer Substitute Work

To help districts address summer school teacher shortages, the Teacher Retirement System of Texas (TRS) has adopted a temporary emergency rule expanding the definition of a substitute from June 2021 through August 2021.

tagged: "Retire rehire", "Teacher Retirement System", TRS, "TRS surcharge"

April 28, 2021

Reporting Contract Abandonment

HR Services often gets calls about what recourse a district has for a teacher abandoning their contract.

tagged: "Educator contracts", Employment, "Teacher contracts", "Teacher resignations"

April 13, 2021

COBRA Premium Subsidy

The American Rescue Plan Act of 2021 (ARP) contains certain provisions related to the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA.

tagged: "Employee notices", "Employment law", "Epidemic Response", "Health insurance"

March 12, 2021

Considerations for Changing the School Calendar

District leaders considering school calendar revisions should first consider the effect on teacher contracts and pay and review available resources.  

tagged: Compensation, "Teacher contracts"

March 10, 2021

Calculating FMLA during the Holidays and Emergency Closures

The basic principles of counting time off against an employee’s 12 weeks of family and medical leave (FML) are impacted by holidays and emergency closures.

tagged: Benefits, "Employment law", "Family and medical leave", FMLA, Leave

March 08, 2021

Contract Administration Resources

Spring is a great time to review processes for contract administration including renewals, nonrenewals, and hiring.

tagged: "Educator contracts", Hiring, Nonrenewal, "Teacher contracts"

February 11, 2021

Annual Form W-4 Requirements

Employees claiming exemption from income tax are required to complete a new Form W-4 every calendar year, and the February 15th deadline is fast approaching.

tagged: Compensation, "Employee notices", "Employment law", Hiring

February 05, 2021

T-TESS for Late Hires

Like all teachers new to the district, late hires are required to have a full Texas Teacher Evaluation and Support System (T-TESS) or locally developed appraisal during the first year of employment. 

tagged: "Employee performance", Hiring, "Teacher contracts", T-TESS

January 20, 2021

COVID-19 Vaccinations and Employee Medical Inquiries

As COVID-19 vaccines become available some educational entities are asking TASB HR Services how to respond to requests for employee medical information.

tagged: ADA, "Americans with Disabilities Act", COVID-19, "EEOC compliance"

January 12, 2021

Implementing COVID-19 Vaccine Protocols

As a COVID-19 vaccine becomes more readily available, employers are exploring options for workplace requirements and practices.

tagged: COVID-19, "EEOC compliance"

January 08, 2021

DOL Considers Telemedicine an In-Person Visit

Recent guidance from the Department of Labor considers telemedicine an “in-person” visit for the purposes of establishing a serious health condition under the Family and Medical Leave Act (FMLA).

tagged: "Department of Labor", DOL, "Family and medical leave", FMLA

January 06, 2021

Did the Government Extend FFCRA Leave through March?

Several of our members have reached out to get clarification about the recent coronavirus relief package signed into law on December 27.

tagged: COVID-19, "Department of Labor", DOL, Leave

December 08, 2020

Federal Leave is Ending, What’s Next?

Leave benefits that employers are required to provide through the Families First Coronavirus Relief Act (FFCRA) will expire December 31, 2020, and HR Services members are wondering what their next step should be to provide paid or unpaid leave options to employees affected by the pandemic.  

tagged: Benefits, COVID-19, "Employment law", Leave

December 03, 2020

Moonlighting during FML

Some employees may work a second job while on Family and Medical Leave (FML) in a district or organization, and what the law says about that may be unexpected.

tagged: "Employment law", "Family and medical leave", FMLA, Leave

November 10, 2020

Planning for Reducing Personnel Costs

There are many options and strategies available to districts seeking to reduce personnel costs.

tagged: "Employment contracts", Staffing

October 23, 2020

Annual Fingerprinting Certification and Statement of Compliance

The Texas Education Agency (TEA) announced a deadline of November 20, 2020, for submitting a completed 2020–2021 Annual Fingerprinting Certification and Statement of Compliance.

tagged: "Criminal history", TEA, "Texas Education Agency"

October 09, 2020

FFCRA Expires December 31, 2020

The Family First Coronavirus Response Act (FFCRA) only provides leave benefits up until December 31, 2020, so it’s important to inform employees of limitations and manage expectations.

tagged: COVID-19, "Family and medical leave", FMLA, Leave

September 23, 2020

Accommodations and FML Requests

Employers are seeing an increase in employee requests for Family and Medical Leave (FML) following a denial of a request to work remotely because of an employee or family member’s high-risk health factor.

tagged: ADA, "Americans with Disabilities Act", Benefits, "Employment law", "Family and medical leave", FMLA, Leave

September 22, 2020

Working While on FML

HR Services receives many questions regarding what an employer is allowed to ask of an employee who is out or planning to be out on family and medical leave (FML).

tagged: Benefits, "Family and medical leave", FMLA, Leave

September 22, 2020

DOL Proposes Rules to Clarify Determining Independent Contractor Status

On September 22, 2020, the Department of Labor (DOL) announced a proposed rule addressing how to determine whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.

tagged: "Department of Labor", DOL, "Fair Labor Standards Act", FLSA

September 21, 2020

The Dilemma of Leave Availability at the Start of the School Year

The beginning of this school year has resulted in more staff than usual starting the year on long-term leave, and districts have asked TASB HR Services if they are required to advance leave to these employees.

tagged: Benefits, "Employment law", "Family and medical leave", FMLA, Leave

September 17, 2020

Work-Site Posters for 2020

At the start of each school year employers often ask if state and federal posters need to be updated.

tagged: "Employee notices", "Worksite posting"

August 28, 2020

Extending Paid and Unpaid Leave Through a Resolution

Employees typically have a plethora of leave options available, but multiple exposures and incidents of COVID-19 illnesses are causing employees to exhaust leave entitlements.

tagged: Benefits, "Employment law", Leave, "Temporary disability leave"

August 27, 2020

Calculating FML Eligibility during the Pandemic

Determining eligibility for family medical leave (FML) is challenging for employers who paid employees to be idle during spring closures.

tagged: Benefits, "Employment law", FMLA, Leave

August 26, 2020

DOL Releases Guidance on Compensable Hours for Teleworkers

In remote work arrangements, the employer’s obligation to track hours worked but not scheduled can present more questions than answers.

tagged: Compensation, "Fair Labor Standards Act", FLSA, Nonexempt

August 18, 2020

Educator Certification Flexibility in Response to COVID-19

Governor Abbott has issued a waiver allowing certain educator certification candidates to qualify for a one-year probationary certificate without meeting some requirements so they may be certified for the 2020–2021 school year.

tagged: Certification, Hiring, HR, Recruiting

August 14, 2020

Implementing the New Title IX Regulations

New Title IX regulations, effective August 14, 2020, focus on a school’s response to allegations of sexual harassment and added specific due process procedures.

tagged: "EEOC compliance", "Employee handbook", "Employment law", HR

August 07, 2020

DOL Releases New Model FMLA Forms

The Department of Labor (DOL) published new model FMLA forms on July 16, 2020.

tagged: "Family and medical leave", FMLA, HR, Leave

July 30, 2020

TEA Public Health Guidance and the HR Library

In response to the public health situation, the Texas Education Agency (TEA) continues to update the Public Health Planning Guidance.

tagged: COVID-19, "Epidemic Response", HR, TEA

July 28, 2020

Delays in Fingerprinting Services

School districts are reporting new hires are having difficulty finding fingerprinting service providers that are open for business, and individuals are having to wait more than 10 days for an available appointment at open locations.

tagged: "Criminal history", "Employment law", "Epidemic Response", HR

July 24, 2020

ADA Interactive Process and COVID-19

Worksite accommodation requests are on the rise as staff get ready to return to the workplace, resulting in the need for the Americans with Disabilities Act (ADA) interactive process.

tagged: ADA, "Employment law", "Epidemic Response", HR

July 23, 2020

Pregnancy and COVID-19

School districts have a higher proportion of female employees than many other industries, which means districts have many staff each year who get pregnant and take leave for childbirth, recovery from childbirth, and baby bonding.

tagged: COVID-19, FMLA, HR, Leave

June 23, 2020

Disruptive Behavior or Freedom of Speech?

Reports of school district employee resignations and terminations as a result of offensive race-related social media posts have increased.

tagged: HR, "Social media practices", Termination

June 22, 2020

Cybersecurity Training Deadline and Compliance

All local government employees—anyone who has access to a local government computer system or database and elected officials—were required to complete a cybersecurity training program by June 14, 2020.

tagged: "HR training", "Professional development"

June 19, 2020

Verifying Employee Requests for FFCRA Leave

As employers receive more and more requests for Families First Coronavirus Response Act (FFCRA) leave, they will want to ensure requests are legitimate.

tagged: Benefits, COVID-19, "Family and medical leave", Leave

June 15, 2020

EEOC Updates COVID-19 and Discrimination Technical Assistance

The U.S. Equal Employment Opportunity Commission (EEOC) technical assistance questions and answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” were updated on June 11, 2020.

tagged: ADA, COVID-19, "EEOC compliance", "Employment law"

June 10, 2020

Intern Certification Flexibility Due to COVID-19

Governor Abbott has suspended certain provisions of law and rules allowing new and continued certification for identified certification candidates as indicated in the Texas Education Agency (TEA) Educator Certification Updates dated June 8, 2020.

tagged: Certification, Hiring, Recruiting

June 01, 2020

COVID-19 Frequently Asked Questions: Part 3

As workplaces begin to reopen, we’ve received more questions from members about administering leave, continuation of remote work, workplace safety, and what to do when an employee is diagnosed or exposed to COVID-19.

tagged: ADA, COVID-19, Employment, Leave

May 22, 2020

Infographic: Updating Your Employee Handbook

The TASB 2020 Model Employee Handbook and the Community College model, updated with the most recent guidance and legal requirements, are now available in myTASB.

tagged: "Employee handbook", HR

May 15, 2020

The Value of a Well-Written Employee Handbook

A well-written employee handbook can serve as a “best practices” guide for employers by communicating key standards and expectations for employees and explaining personnel policies and practices so they can be applied consistently and fairly.

tagged: DOL, "Employee handbook", "Employment law", HR

May 08, 2020

USCIS Provides Temporary Policy for Form I-9 Documents

A temporary US Citizenship and Immigration Services (USCIS) policy provides employers with guidance on using expired identity documents for the Employment Eligibility Verification (Form I-9).

tagged: COVID-19, "Epidemic Response", Hiring, "Personnel records"

April 27, 2020

Delivery of Notice When Campuses Are Closed

COVID-19 school closures create a unique environment for navigating contract terminations and nonrenewals.

tagged: "Employment contracts", Nonrenewal, "Teacher resignations", Termination

April 01, 2020

Educator Preparation Programs and COVID-19

Guidance related to educator preparation programs (EPPs) and field-based experience requirements, which have been impacted by school closings in response to COVID-19, have been posted to the Texas Education Agency (TEA) website.

tagged: Certification, "HR certification", "Teacher certification"

March 31, 2020

Employee Request Form for Emergency Federal Leave Now Available

An employee request form for emergency paid sick leave and expanded family and medical leave can now be found in the HR Library.

tagged: Compensation, "Family and medical leave", FMLA, Leave

March 31, 2020

HR Considerations When Employees are Working Remotely

Managing a remote workforce is a new experience for most education entities. The following are some of the questions districts have asked as workers transition from being onsite to working from home.

tagged: FLSA, HR, Nonexempt, "Personnel records"

March 27, 2020

Pros and Cons of Educator Appraisal Waivers

While the Commissioner’s general waiver authority may allow school districts and charter schools to file a waiver for exemption from some aspects of educator appraisals, careful consideration should be given to this action. Pros and cons of filing a waiver should be analyzed to avoid unintended consequences.

tagged: DOI, "Employee performance", T-TESS

March 26, 2020

Modifying the Teacher Job Description for Remote Instruction

Modifications to the teacher job description provides documentation of new expectations, responsibilities, and working conditions.

tagged: ADA, "Americans with Disabilities Act", HR, "Job descriptions", Leave

March 26, 2020

Emergency Delegation of Authority to Superintendent

TASB Legal Services provides guidance to school boards requesting that emergency powers be delegated from the school board to the superintendent.

tagged: HR

March 25, 2020

Educator Appraisal Waivers

The Texas Education Agency (TEA) recently released guidance on Educator and Staff Issues during these times of uncertainty created by COVID-19.

tagged: "Employee performance", HR, TEA, T-TESS

March 25, 2020

DOL Required Posters for Emergency Federal Leave

The required worksite posters explaining employee rights under the Families First Coronavirus Response Act (FFCRA) are available from the Department of Labor (DOL).

tagged: DOL, FMLA, Leave, "Worksite posting"

March 23, 2020

Issues Related to Instructional Continuity

TASB Legal provides a Q&A covering employment questions related to instructional continuity during school closures.

tagged: HR

March 23, 2020

EEOC Updates Guidance on Medical Inquiries During a Pandemic

Employers taking employees’ temperatures to screen for COVID-19 will not violate Equal Employment Opportunity Commission (EEOC) rules.

tagged: ADA, "Americans with Disabilities Act", "EEOC compliance", HR

March 20, 2020

Emergency FMLA and Paid Leave Effective April 1, 2020

New laws extending Family and Medical Leave and providing for emergency paid sick leave for absences related to the COVID-19 pandemic become effective April 1, 2020.

tagged: "Family and medical leave", Leave

March 13, 2020

Personnel Issues During a School Closure

TASB Legal answers questions regarding the legal principles relating to employee absences during an epidemic or school closing.

tagged: HR

February 12, 2020

HR Services Releases Updated FLSA Guide

The newest edition of The Administrator’s Guide to the Fair Labor Standards Act is now available for purchase in the TASB Store.

tagged: "Fair Labor Standards Act", FLSA, HR

February 12, 2020

Involuntary Placement of an Employee on Temporary Disability Leave

Involuntarily placing an employee on temporary disability leave (TDL) when their medical condition interferes with the performance of their regular duties can be a difficult but necessary decision.

tagged: "Employee discipline", "Employment law", Leave, "Temporary disability leave"

February 03, 2020

DOL Releases Final Rule on Joint Employers

On January 12th the U.S. Department of Labor (DOL) released revised regulations and guidance regarding the determination of joint employer status under the Fair Labor Standards Act (FLSA).

tagged: "Department of Labor", DOL, "Employment law", "Fair Labor Standards Act", FLSA, "Independent contractor"

January 31, 2020

Getting It Right: Job Descriptions and the ADA

A well-written and up-to-date job description could be the key to successfully avoiding or fending off an Americans with Disabilities Act (ADA) discrimination case against your district.

tagged: ADA, "Americans with Disabilities Act", "EEOC compliance", Hiring, "Job descriptions"

January 29, 2020

Engaging in the ADA Interactive Process

The interactive process is used to determine whether an effective and reasonable accommodation is available for an employee under the Americans with Disabilities Act (ADA).

tagged: ADA, "Americans with Disabilities Act", "Employment law", HR

January 23, 2020

SBEC Public Comment on Proposed Rules

SBEC is taking public comment until February 3, 2020 on some certification rules that may impact the work HR leaders do in school districts.

tagged: Certification, HR, TEA

January 13, 2020

Understanding the New Do Not Hire Registry

Initial users of the Do Not Hire Registry have posed some interesting questions, including “Who should districts expect to see on the list?” and “Is it necessary to check all current employees?”

tagged: Certification, "Criminal history", Employment, Hiring

January 06, 2020

Teacher Incentive Allotment Letter of Intent—Additional Guidance

Districts interested in applying for the Teacher Incentive Allotment (TIA) must submit a letter of intent to the Texas Education Agency (TEA) by Friday, January 24, 2020.

tagged: Compensation, "Employee performance", TEA, "Texas Education Agency"

December 20, 2019

The Internal Revenue Service Issues Redesigned Form W-4

The Internal Revenue Service (IRS) has redesigned Form W-4 to increase simplicity, privacy, and accuracy.

tagged: "Employment law", HR

December 17, 2019

The Internal Revenue Service Extends Deadline for Forms 1095

The Internal Revenue Service (IRS) announced a deadline extension of Forms 1095 from January 31 to March 2.

tagged: ACA, "Affordable Care Act", HR

December 13, 2019

Getting Paid for Clinical Teaching

Educational aides seeking teacher certification now have the opportunity to complete their clinical teaching without the financial hardship of an unpaid student teaching assignment.

tagged: Certification, HR, Retention, "Teacher certification"

December 02, 2019

Leave for Religious Observance

Employers responding to an absence request for religious observance need to consistently apply access to leave benefits.

tagged: Diversity, "EEOC compliance", "Employment law"

November 18, 2019

The Ins and Outs of State Personal Leave

An employee’s access to state personal leave is determined by the reason for leave and local policy provisions.

tagged: HR, "HR training", Leave

November 15, 2019

PR1500 Equity Data Survey Changes

The Texas Education Agency (TEA) is making changes to the process for collecting teacher and special education paraprofessional data.

tagged: Certification, "Employee surveys", TEA

November 07, 2019

DIR Publishes Certified Cybersecurity Training Program List

The list of certified cybersecurity training programs required by House Bill 3834 of the 86th Texas Legislature is available on the Texas Department of Information Resources (DIR) webpage.

tagged: Employment, "Professional development"

October 11, 2019

Commissioner Decisions Guide Contract Actions

The commissioner issued three decisions providing guidance on personnel matters. These decisions address suspension of a teacher without pay, termination of a probationary contract, and an employee’s failure to timely grieve issuance of a probationary contract.

tagged: "Educator contracts", "Employment contracts", Termination

October 08, 2019

Navigating the Revised Overtime Regulations Part 1: Checking for Compliance

This is part 1 of 4 HRX posts related to the new federal overtime rule. On September 24, the Department of Labor (DOL) released final regulations updating the salary threshold for exempt status. The changes to the Fair Labor Standards Act (FLSA) take effect January 1, 2020. 

tagged: Compensation, "Department of Labor", "Exemption status", "Fair Labor Standards Act", FLSA

October 08, 2019

Navigating the Revised Overtime Regulations Part 2: Calculating Weekly Salary

This is part 2 of 4 HRX posts related to the new federal overtime rule. In this post, we’ll explore how to calculate weekly salaries for compliance checks.

tagged: Compensation, "Department of Labor", DOL, "Exemption status", "Fair Labor Standards Act", FLSA

October 08, 2019

Navigating the Revised Overtime Regulations Part 3: Communicating Changes

This is part 3 of 4 HRX posts related to the new federal overtime rule. The most important factor to making a smooth transition is to communicate changes in a clear and effective way. Plan ahead and start talking to employees and supervisors about the proposed changes as soon as possible.

tagged: Compensation, "Department of Labor", DOL, "Exemption status", "Fair Labor Standards Act", FLSA

October 08, 2019

Navigating the Revised Overtime Regulations Part 4: Timelines and Logistics

This is part 4 of 4 HRX posts related to the new federal overtime rule. This post will help you decide when to implement changes. 

tagged: Compensation, "Department of Labor", DOL, "Exemption status", "Fair Labor Standards Act", FLSA

October 07, 2019

Frequently Asked Questions about the FLSA Rules Changes

On September 24, 2019, the Department of Labor (DOL) announced a final rule that will make 1.3 million American workers newly eligible for overtime pay.

tagged: Compensation, "Department of Labor", "Exemption status", "Fair Labor Standards Act", FLSA

October 03, 2019

FML for Spouses

While you may be familiar with how Family and Medical Leave (FML) generally works, many are surprised to find out that it’s not as straight-forward for spouses working at the same employer.

tagged: FMLA, HR, Leave

September 24, 2019

Certification of Cybersecurity Training Under HB 3834 Begins

The Texas Department of Information Resources (DIR) is now accepting applications to certify cybersecurity training programs.

tagged: Employment, "Professional development"

September 24, 2019

Final Overtime Rule Announced for January 1 Effective Date

The Department of Labor (DOL) this morning announced final updates to the Fair Labor Standards Act, slated to take effect January 1, 2020.

tagged: FLSA, HR, Overtime

September 05, 2019

Continued Use of Form I-9

The current Employment Verification Form (Form I-9) was due to expire on August 31, 2019.

tagged: "Department of Labor", DOL, Employment, "Employment law", Hiring

August 28, 2019

Proposed Changes Concerning Reporting Child Abuse and Neglect

The proposed amendment adds a new subsection defining child abuse or neglect, other maltreatment, and trafficking of a child to align with statute.

tagged: "Employee handbook", "HR training", "Professional development", TEA, "Texas Education Agency"

August 27, 2019

Employer Pays $1.3 Million for Firing Employee Who Took Vacation While on FML

A recent decision from the highest court in Massachusetts emphasizes the risk employers take on employment actions based on outrage or emotion rather than reason.

tagged: ADA, "Americans with Disabilities Act", "Family and medical leave", FMLA, Leave, Termination

August 16, 2019

DOL Proposes FMLA Form Revisions

The DOL opened a 60-day public comment period on proposed revisions to the FMLA forms.

tagged: "Department of Labor", DOL, "Family and medical leave", FMLA, Leave

August 12, 2019

FMLA Opinion Letter Addresses Intermittent Leave for IEP Meetings

The DOL's most recent opinion letter concludes intermittent family and medical leave FML can be used for an employee’s attendance at her son or daughter’s IEP meetings.

tagged: "Family and medical leave", FMLA, Leave

August 02, 2019

Health Services Staffing

School districts are required to provide a coordinated school health program for students, but a registered nurse (RN) is not required on each campus.

tagged: Compensation, "Employment contracts", Staffing

July 30, 2019

TRS Posts Training Videos on 2019 Legislative Changes

Districts seeking detailed information on the legislative changes to TRS can now view training videos on YouTube.

tagged: Benefits, "Health insurance", "Teacher Retirement System", TRS

July 26, 2019

HR and Title IX Compliance

Learn about Title IX, the federal statute that prohibits sex discrimination in any educational program receiving federal funds. 

tagged: Diversity, "EEOC compliance", "Employee notices", "HR training", "Job descriptions"

July 09, 2019

Personnel-Related Legislative Summary

Review the several personnel-related bills passed during the 86th Regular Session of the Texas Legislature in this article. 

tagged: "Criminal history", HR, TEA, "Texas Education Agency"

July 08, 2019

TEA Outlines Deadlines for Master Teacher Certification

House Bill 3 repealed the provisions authorizing SBEC to issue new or renew master teacher certifications. 

tagged: Certification, TEA, "Teacher certification", "Texas Education Agency"

July 03, 2019

HB 3 Employee Compensation Guidance Available in HR Library

Guidance on how to best communicate compensation increases for 2019-2020 is now available in the HR Library.

tagged: Compensation, "Pay increases", "Payday law", "Teacher Pay"

July 03, 2019

Teacher Pay Increase Process Guidance

TEA continues to release new guidance on its dedicated HB 3 website and the latest items relate to teacher pay planning.

tagged: Compensation, TEA, "Teacher Pay", "Texas Education Agency"

July 02, 2019

Legislative Changes Related to Educator Certification

This article provides a summary of bills passed in the 86th Regular Session of the Texas Legislature addressing certification requirements for educators and licensing requirements for certain professionals.

tagged: Certification, TEA, "Teacher certification", "Texas Education Agency"

July 01, 2019

Legislative Update: Staff Training Requirements

Several bills passed in the legislative session included provisions requiring additional training for staff. Read about them here.

tagged: "HR training", "Teacher training"

June 27, 2019

TRS-Related Legislation Summary

Review some of the legislative changes involving the Teacher Retirement System.

tagged: "Teacher Retirement System", TRS, "TRS ActiveCare", "TRS Care", "TRS surcharge"

June 25, 2019

Ethics Training Requirements

Are districts required to conduct ethics training for their staff? Find out in this Q&A.

tagged: "HR training", "Professional development", "Teacher training"

June 12, 2019

Calculating Penalty-Free Resignation

What is the penalty-free resignation date and how does HR calculate it? Find out in this Q&A.

tagged: "Educator contracts", "Employment contracts", "Teacher contracts", Termination

June 12, 2019

House Bill 3 Employee Compensation Questions & Answers

We've answered some of the most commonly asked questions about HB3, from calculating increases to defining a full-time employee and much more. 

tagged: Compensation, "Pay increases", Salaries

June 11, 2019

DOL Clarifies FMLA Leave Cannot Be Delayed

The DOL issued an opinion letter clarifying neither employers nor employees may delay or decline designation of FMLA protection for a qualifying condition.

tagged: "Department of Labor", DOL, "Family and medical leave", FMLA, HR, Leave

June 03, 2019

House Bill 3 (HB 3) Guidance

The compensation requirements in HB 3 are broad and give districts flexibility in deciding how best to implement pay increases.

tagged: Compensation, "Pay increases", Salaries

May 23, 2019

Changes to Educator Pay Approved by Legislature

At a press conference this afternoon, the Governor, Lieutenant Governor, and Speaker of the House presented a brief summary of changes to educator pay approved in House Bill (HB) 3.

tagged: Compensation, "Pay increases", "Teacher Pay"

May 14, 2019

Managing Leave Benefits Successfully

District coordinators looking for help understanding leave benefits and managing the process can rely on various HR Services resources to make their jobs easier.

tagged: "Family and medical leave", FMLA, "HR training", Leave

May 14, 2019

Translating Employee Handbooks for Non-English Speakers

Are districts required to translate the employee handbook for employees that are not literate in English? Find out in this Q&A.

tagged: "Employee handbook", "English as a Second Language"

May 02, 2019

Reporting Requirements for Child Abuse Allegations

When it comes to reporting suspected child abuse, school district HR has a responsibility to make sure the district employee handbook outlines its requirements and to remind employees they could face severe penalties for failure to report their suspicions.

tagged: "Employee discipline", "Employee handbook", "Employee notices", "Teacher training"

April 17, 2019

Social Security No-Match Letters

Learn how to respond to and resolve no-match letters when you get them. 

tagged: "Employment law", Hiring, "Personnel records"

April 02, 2019

Classifying Workers as Employees and Independent Contractors

Classifying a worker as an employee or an independent contractor presents a number of challenges. Here's the right way to make that determination.

tagged: Employment, "Employment contracts", "Independent contractor"

March 26, 2019

The Difference Between Contract Nonrenewal and Termination

Learn how to sort out the legal standards applicable to probationary, term, and continuing contracts.

tagged: contracts, "Educator contracts", "Employment contracts", "Independent contractor", "Teacher contracts"

March 19, 2019

Using Personal Leave for Extended Family Illness

Identifying what type of paid leave applies when an employee needs extended leave to care for a family member is just as important as determining eligibility for family and medical leave.

tagged: "Family and medical leave", FMLA, Leave

March 08, 2019

Proposed FLSA Rules Released

Read this report for details on the new proposed rule changes to the FLSA.

tagged: "Fair Labor Standards Act", FLSA, Overtime

March 07, 2019

Model Contract Changes for 2019

The most significant changes this year relate to clarifying the assignment of duties under a contract.

tagged: contracts, "Educator contracts", "Employment contracts", "Teacher contracts"

February 28, 2019

FMLA Certification for Adoption

What type of certification can districts require when an employee requests FMLA for adoption or foster placement or to care for a newborn? Find out in this Q&A.

tagged: "Department of Labor", DOL, "Family and medical leave", FMLA

February 07, 2019

Scheduling Itinerant Teacher Planning Periods

Are there restrictions on scheduling itinerant teachers’ planning periods? Find out in this Q&A!

tagged: Employment, Retention, TEA, "Texas Education Agency"

January 23, 2019

Electronic W-2s and Employee Consent

Can districts provide employees with an electronic W-2? Find out in this Q&A.

tagged: Compensation, "Employee notices", "Personnel records", Salaries

January 14, 2019

Timely Response to ACA Alleged Employer Violation Notices Required

A recent post on the TASBO Open Forum explains the importance of timely response to last month’s IRS notices regarding alleged violations of the ACA employer mandates.

tagged: ACA, "Affordable Care Act"

January 14, 2019

Breaks for Expression of Breast Milk

How much time are districts required to provide for an employee to express breast milk? Find out in this quick Q&A.

tagged: Benefits, "Employment law", "Fair Labor Standards Act", FLSA, "Wage and hour"

January 10, 2019

What 3 New Court Rulings Tell Us about the ADA

With more than 25,000 ADA charges filed by the EEOC in the past year, it’s more prudent than ever for employers to understand what’s required of them by law.

tagged: ADA, "Americans with Disabilities Act", "Employment law"

January 03, 2019

Lapse in Funding Temporarily Shuts Down E-Verify

The federal electronic employment eligibility verification service, E-Verify, has been temporarily disabled because of a lapse in funding.

tagged: Employment, "Employment law"

January 01, 2019

Contract Entitlement and School District Teaching Permits

Is an uncertified teacher hired under a school district teaching permit or in a position covered by a district of innovation plan entitled to a Chapter 21 contract?

tagged: Certification, "Districts of innovation", DOI, "Educator contracts", Hiring

December 21, 2018

Standard Mileage Rate Increasing 3.5 Cents in 2019

The IRS announced a 3.5-cent increase in standard mileage rates for the 2019 calendar year, which will go into effect January 1. 

tagged: "Internal Revenue Service", IRS

December 06, 2018

Holiday Compensation Myths

The holidays are upon us, as are the calls about pay and benefits during the holiday break. Read December’s myths to make sure that your district has a handle on both.

tagged: Compensation, "Fair Labor Standards Act", FLSA

November 28, 2018

Harassment Prevention and Respectful Workplaces Training

The EEOC is offering courses that go beyond traditional harassment prevention training.

tagged: "EEOC compliance", "Employee performance", "HR training"

November 27, 2018

PR1500 Equity Data Survey Due November 30

All districts receiving Title I funds must complete the PR1500 for each of their campuses, regardless of campus Title I status, by November 30, 2018.

tagged: Diversity, TEA, "Texas Education Agency"

November 12, 2018

FLSA Update: Proposed Rulemaking and Public Comments

A quick update on the status of potential FLSA changes.

tagged: "Fair Labor Standards Act", FLSA

November 07, 2018

Additional Leave Time as an ADA Accommodation

Learn about the ADA's reasonable accommodation requirements. 

tagged: ADA, "Americans with Disabilities Act", Leave

October 19, 2018

Paying Noncontract Employees during Emergency Closures

Can a district pay noncontract employees when it is closed for an emergency? Find out in this Q&A.

tagged: "Educator contracts", "Employment contracts", "Independent contractor", Leave, "Teacher contracts"

October 08, 2018

Educator Misconduct Guidelines Posted to TASB Legal Services' eSource

Two new documents on the subject of educator misconduct are available on the TASB School Law eSource website.

tagged: HR

October 01, 2018

Defining Age Discrimination and How to Avoid It

The ADEA protects applicants and employees who are 40 years of age or older from employment discrimination and harassment based on age.

tagged: "Department of Labor", DOL, "EEOC compliance"

September 17, 2018

Texas Payday Act and Charter Schools

While government entities are exempt from the TPA, charter schools are not. Learn more here. 

tagged: "Payday law"

August 28, 2018

Calculating Assault Leave Payments

Learn how to determine the amount of assault leave payments. 

tagged: Leave

August 21, 2018

K-12 Schools Not Immune to Sexual Harassment

We’re coming up on the one-year anniversary of the #MeToo movement, and sexual harassment remains a key workplace problem employers are trying to solve.

tagged: "Employee discipline", "Employee handbook", HR

August 20, 2018

Public Disclosure of Email from Principals to Teacher

Is a principal’s email to a teacher regarding a parent’s complaint public information? Find the answer to this question and more in today's Q&A.

tagged: HR

August 20, 2018

Annualized Pay for 10-Month Employees

Learn whether or not it's permissible to pay 10-month employees over a 12-month period. 

tagged: "Department of Labor", DOL, "Educator contracts"

August 07, 2018

Managing Intermittent Family and Medical Leave

We answered frequently asked questions on managing FMLA to help you navigate the rules.

tagged: "Family and medical leave", FMLA, Leave

August 06, 2018

New First Responder Liaison Notice Required for Political Subdivisions

Political subdivisions, such as school districts, colleges and community colleges, cities, or counties, are now required to post a first responder liaison notice.

tagged: "Workers’ compensation"

August 02, 2018

Coaches Employment Requirements

Do athletic coaches have to be certified teachers or contract employees? Find out in this Q&A.

tagged: Certification

August 02, 2018

Top 4 ADA Myths

As with any law, some of the ADA's language can be misinterpreted. We've highlighted and explained four myths to clear up common uncertainties. 

tagged: ADA, "Americans with Disabilities Act"

July 18, 2018

Payment for Work Done Outside Official Calendar

Are districts required to pay employees for working outside of the official work calendar?

tagged: "Exemption status", "Fair Labor Standards Act", FLSA, "Payday law"

July 17, 2018

Texas Educator Testing Changes

Multiple changes to the Texas Educator Certification Examination Program, including new vendors and limits to exam attempts, will go into effect at the end of August.

tagged: Certification, TEA, "Teacher certification", "Texas Education Agency"

July 09, 2018

Using Third-Party Vendors for Background Checks

Can districts use a third-party vendor to check the criminal history of student teachers and volunteers? Find out in this Q&A!

tagged: "Criminal history"

July 02, 2018

Interim and Acting Superintendent Certification

Must an interim or acting superintendent be certified? Find out in this brief Q&A.

tagged: Certification

June 25, 2018

New Web Accessibility Guidelines Focus on Handheld Devices

The W3C added 17 new success criteria to its accessibility guidelines that primarily address issues related to handheld devices.

tagged: ADA, "Americans with Disabilities Act"

June 14, 2018

The Basics of Assault Leave

Assault leave is a common topic of discussion in the HR world, and we’ve outlined some of the basics with the Q&A in this post.

tagged: Leave, "Workers’ compensation"

June 08, 2018

Current FMLA Forms Set to Expire at End of Month

The current FMLA forms, which are used to certify whether employees are eligible to take leave and to notify them of their leave rights, will expire June 30.

tagged: "Family and medical leave", FMLA

May 30, 2018

Revised Local Schedule SD Released

The Sample Records Retention Schedule for personnel records in the HR Library has been updated. Learn more in this article. 

tagged: "Records retention"

May 24, 2018

Expect Spike in Form I-9 Audits This Summer

Immigration and Customs Enforcement significantly ramped up its worksite investigations during the past federal fiscal year and the agency recently announced it's planning to double down on Form I-9 audits this summer.

tagged: Hiring

May 18, 2018

Trending Topics: Independent Contractors

When can a district issue a 1099, and when must a district consider someone an employee and issue a W-2? The answer is complicated, but we provide a detailed explanation in this article. 

tagged: "Independent contractor"

May 14, 2018

Terminating Employees Who Are Out of Leave

Can we terminate an employee who has exhausted all leave? The answer isn't as simple as you might think.

tagged: Leave, Termination

May 07, 2018

Myths: Teacher Service Records

There are a lot of rules concerning teacher service records, but there also are a few myths. We’ve separated fact from fiction in this article.

tagged: "Personnel records", "Records retention"

May 02, 2018

Model Employee Handbook Posted

The 2018–2019 update to the Model Employee Handbook (MEH) is now available through myTASB.

tagged: "Employee handbook", HR

April 30, 2018

T-TESS and Student Growth Measures

Student growth measures will be a required component of the T-TESS in the upcoming school year. Here's what you need to know.

tagged: T-TESS

April 30, 2018

Records Retention for Former Employees

What documents must be kept in a former employee’s personnel file and where should they be kept? Find out in this quick Q&A.

tagged: "Personnel records", "Records retention"

April 16, 2018

Understanding the FBI Civil Rap Back Program

The Federal Bureau of Investigation (FBI) Civil Rap Back program that provides notification of employee’s criminal activity occurring outside the state of Texas is now available.

tagged: "Criminal history"

April 12, 2018

DOL Releases Fact Sheet on Higher Education and Overtime Pay

The U.S. Department of Labor’s Wage and Hour Division (WHD) released today a fact sheet addressing the applicability of white collar exemptions of the Fair Labor Standards Act (FLSA) to common jobs in higher education.

tagged: "Department of Labor", DOL, Overtime

April 04, 2018

DOL Launches Video Series on FLSA Compliance

The Wage and Hour Division of the U.S. Department of Labor (DOL) recently released five videos on Fair Labor Standards Act (FLSA) compliance designed to help employers more easily understand their legal responsibilities.

tagged: "Department of Labor", DOL, "Fair Labor Standards Act", FLSA, Overtime

March 29, 2018

Changing Teacher Work Hours

Can school administrators change teacher work hours during the school year? Find out in this brief Q&A.

tagged: "Districts of innovation", DOI, "Teacher contracts"

March 29, 2018

Third-Party Payer OK for Game Officials but Not for Game Workers

Many districts are now using private companies to manage payment to game officials, but can they also use third-party organizations to pay other game help?

tagged: Compensation, "Department of Labor", DOL

March 27, 2018

District Participation in Current Employee Statistics Survey

Are districts required to participate in the Bureau of Labor Statistics Current Employee Statistics survey? Find out in this brief Q&A.

tagged: Employment, Surveys

March 07, 2018

High-Quality Prekindergarten Program Teacher Training and Qualifications

During the past few years, Texas has increased its focus on improving prekindergarten programs as a means to improve early reading, math, and social development. 

tagged: "Teacher training"

February 07, 2018

Identifying Probationary Contract Year Limits

As districts begin renewal processes, the question of how long someone can be employed by probationary contract arises.

tagged: Staffing

January 16, 2018

Standard Mileage Rate Increase Now in Effect

The Internal Revenue Service (IRS) announced a one-cent increase in standard mileage rates for the 2018 calendar year, which became effective January 1.

tagged: HR

January 10, 2018

IRS Issues New Paycheck Withholding Tables

After the enactment of the 2017 tax act, the IRS has issued revised tax withholding tables for employees’ paychecks as well as withholding guidance this month to reflect the legislative changes.

tagged: "Payday law"

January 01, 2018

Renewing Standard Certificates

Does TEA audit continuing professional education CPE credit for renewable standard certificates? Find out in this month's Q&A!

tagged: "Records retention", "Teacher certification"

December 11, 2017

Publishing EEO Notices

Where are districts required to publish or post equal employment opportunity (EEO) notices? Find out in this Q&A!

tagged: "EEOC compliance", "Employee notices", Employment, "Employment law"

December 07, 2017

The Ins and Outs of Workers' Compensation

It's important to understand the intricacies of workers' compensation—after all, providing those benefits for employees is required by state law.

tagged: "Americans with Disabilities Act", "Family and medical leave", FMLA, "Workers’ compensation"

December 06, 2017

Frequently Asked Questions: District-Provided Clothing

Each year, school districts across the state give employees shirts emblazoned with the district logo to wear throughout the year. Are these items taxable income to the employee, even if it’s just a t-shirt? 

tagged: Benefits

December 06, 2017

Temporary Protected Status Designation for Nicaragua, Haiti Terminated

In November, the U.S. Department of Homeland Security (DHS) announced its decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua and Haiti.

tagged: Employment, "Employment law"

December 06, 2017

TASB Legal Services Updates Employee Free Speech Rights Article

TASB Legal Services recently updated the School Law eSource article, Employee Free Speech Rights.

tagged: "Employee notices"

November 22, 2017

Don't Call in Employees During FMLA Time Off

A common mistake human resources administrators and managers make is asking employees on Family and Medical Leave (FML) leave to report to work.

tagged: FMLA

November 15, 2017

Accessibility and Translation Crucial to District-Employee Communication

It’s important for HR staff to ask questions internally about what their district is doing to accommodate its employees.

tagged: ADA, "Americans with Disabilities Act"

November 01, 2017

Patrick Releases More Interim Charges

Lieutenant Governor Dan Patrick posted another batch of interim charges to Senate committees to look into ahead of the next legislative session.

tagged: Compensation

October 18, 2017

Hiring a Retiree to Substitute in a Vacant Position

Can we hire a TRS retiree as a substitute to fill a vacant position? Find out in this Q&A!

tagged: "Teacher Retirement System", TRS, "TRS ActiveCare", "TRS Care", "TRS surcharge"

October 15, 2017

Reducing Calendar Days for Staff—What Do Districts Have To Do?

House Bill (HB) 2610 changed the Texas Education Code by altering instructional requirements from days of instruction to minutes, providing districts greater scheduling flexibility. 

tagged: "Educator contracts", HR

October 04, 2017

Nepotism and Its Impact on District Hiring

The practice of nepotism has always been an issue in school districts across the country, and it’s important for human resources administrators to understand the details of what is and what isn’t acceptable by law. 

tagged: Employment, "Employment law", Hiring

October 04, 2017

Introducing TEA's Texas Equity Toolkit

The Texas Equity Plan Toolkit supports districts in the process of developing a district equity plan.

tagged: TEA

September 20, 2017

ESSA and Highly Qualified Standards

Does the Every Student Succeeds Act require newly hired paraprofessionals to be highly qualified? Find out in this Q&A!

tagged: "Professional development"

September 20, 2017

Impact of DACA Repeal on District Staffing

Deferred Action for Childhood Arrivals (DACA) workers currently holding valid work permits may not be eligible for continued employment when the permit expires. 

tagged: Hiring, Staffing

September 06, 2017

Senate Bill 7 Pre-Employment Affidavit

As Senate Bill 7 goes into effect, districts are deciding how to respond. Learn more in this Q&A!

tagged: Employment, "Employment law"

September 05, 2017

Special Session Recap

The special session adjourned Tuesday, August 15, without the House and Senate coming to agreement on many of the governor’s 20 priorities.

tagged: HR

August 16, 2017

How the New Intern Certificate Differs from a Probationary Certificate

Effective September 1, 2017, the State Board for Educator Certification (SBEC) will begin issuing an intern certificate, as well as the probationary certificate. We note the differences between the two in this article.

tagged: Certification

July 26, 2017

Understanding New Legislation Affecting HR Administration

Check out our recap of the 85th Texas Legislature and find out what bills passed and their impact on HR in districts. 

tagged: Certification, "Districts of innovation", DOI, "Teacher Retirement System", TRS, "TRS Care"

July 19, 2017

Senate Bill 7 Addresses Improper Relationships and Educator Misconduct

Texas legislators responded to a rise in reports on educator misconduct by passing Senate Bill 7 (SB 7) this session.

tagged: "Criminal history", "Employee discipline"

July 18, 2017

Latest Form I-9 Released July 17, 2017

USCIS released the latest Form I-9, Employment Eligibility Verification, on July 17.

tagged: Employment, "Employment law"

July 12, 2017

Identifying and Complying with Online Accessibility Regulations

Improving website accessibility for individuals with disabilities is not only a good district practice, but a requirement under the Americans with Disabilities Act (ADA). 

tagged: ADA, "Americans with Disabilities Act"

June 20, 2017

TRS-ActiveCare Changes for 2017–2018

Take a look at the new rates for next year.

tagged: Benefits, "Teacher retirement", "Teacher Retirement System", TRS

May 24, 2017

Commissioner Issues Clarification on T-TESS Measures

All major components of the Texas Teacher Evaluation and Support System (T-TESS) remain in place following a legal agreement with various teacher organizations in the state, according to Commissioner of Education Mike Morath.

tagged: T-TESS

May 24, 2017

USCIS Begins Issuing Redesigned Green Cards

USCIS announced a redesign to the Permanent Resident Card—also known as a Green Card—as  well as the Employment Authorization Document.

tagged: Diversity

May 17, 2017

Unsubscribing to Inactive Employees' Fingerprint Information

Is the district required to remove access to an inactive employee’s information in the fingerprint clearinghouse? Find out in this Q&A!

tagged: "Criminal history", "Employee discipline"

April 19, 2017

Districts Receiving Title I Funding Must Address Teacher Quality Disparities

Certain districts must develop a plan for how they will identify and address disparities that result in low-income students and minority students being taught by ineffective teachers.

tagged: "Teacher training"

April 12, 2017

Withdrawal of Teacher Resignations

Can a teacher withdraw his or her resignation once it has been submitted? Find out in this Q&A!

tagged: "Teacher resignations", Termination

March 23, 2017

Senate Passes Educator Misconduct Bill

The Texas Senate unanimously passed Senate Bill 7 (Bettencourt) on Wednesday, March 8, which addresses improper relationships between educators and students. 

tagged: "Criminal history"

March 15, 2017

FMLA Rules for Instructional Employees

Are instructional employees eligible for intermittent family medical leave? Find out in this Q&A!

tagged: "Family and medical leave", FMLA, Leave

February 01, 2017

Surveys on Contract Practices Reveal Common Trends

HR Services surveys cover Texas public school district practices for superintendent contracts, teacher contracts, and administrator and professional support contracts. Read our results here.

tagged: "Teacher contracts"

January 18, 2017

Model Contract Changes for 2017

The most significant changes to the TASB Model Contracts in 2017 are those relating to the federal changes to the Elementary and Secondary Education Act (ESSA) removing the requirement for teachers to be highly qualified.

tagged: Certification, "Educator contracts"

January 04, 2017

New I-9 Forms Released, Districts Must Comply by January 22

On November 14, the U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.

tagged: Employment, "Employment law"

November 21, 2016

Holidays and FMLA

Do holidays count toward an employee’s FML entitlement? Find out in this month's Q&A!

tagged: "Family and medical leave", FMLA, Leave

October 27, 2016

Ensuring ADA Compliance for Workplace Requests

Handling a request from an employee for a workplace accommodation is an important issue that must be handled correctly by all district staff. Following are some guidelines and reminders to help ensure legal and effective management of ADA accommodations.

tagged: ADA, "Americans with Disabilities Act"

October 26, 2016

Collecting Employee Information for Emergency Purposes

What type of employee information can a district collect to use in the event of an emergency? Find out in this month's Q&A!

tagged: "Employee notices"

September 21, 2016

FML for Birth

Can an employee whose significant other is expecting a baby take leave under FML?

tagged: "Family and medical leave", FMLA

September 20, 2016

Ready or Not: T-TESS is Here

Effective July 1, 2016, districts had to adopt the use of T-TESS (Texas Teacher Evaluation and Support System) or a locally developed appraisal system that adheres to TEC § 21.352 and 19 TAC § 150.1007. 

tagged: T-TESS

August 18, 2016

ESSA Parent Notification Requirements

Are districts still required to send parents notices regarding teacher qualifications? We answer and explain in great detail for this month's Q&A!

tagged: HR

August 08, 2016

Be Aware of Recent EEOC Compliance Regulations for Employer Wellness Plans

As employer wellness programs have grown in numbers and sophistication, the EEOC has developed guidance on how these programs should comply with the ADA rule. Here are highlights of the requirements that your wellness program needs to follow.

tagged: "EEOC compliance"

May 25, 2016

Q&A: Releasing Personnel Information

Can we release personnel information to someone acting on behalf of an employee?

tagged: "Family and medical leave", FMLA, "Personnel records"

March 31, 2016

Getting Ready for T-TESS

T-TESS, the Texas Teacher Evaluation and Support System, is coming soon and it promises to be a sea change in the way teachers and instructional leaders work together.

tagged: T-TESS

March 29, 2016

Discrimination Charges Continue to Rise in Texas

With the highest number of discrimination charges in almost every major category, Texas is the state with perhaps the greatest need for Equal Employment Opportunity (EEO) training.

tagged: "EEOC compliance"

March 23, 2016

Timing of Conference Under T-TESS

Under the new T-TESS appraisal system, does the end-of-year conference have to be completed before we can recommend nonrenewal of a teacher's contract to the Board of Trustees?

tagged: T-TESS

March 01, 2016

ACA Reporting: Frequently Asked Questions

As the reporting deadlines under the Affordable Care Act near, many new questions arise regarding compliance with the IRS.

tagged: ACA, "Affordable Care Act"

February 25, 2016

Q&A: Political Activity at School

Where do districts draw the line on political activity at school?

tagged: HR

February 25, 2016

Understanding the Details of Joint Employment

A new Administrator’s Interpretation on joint employment should be reviewed by districts that take part in an educational co-op or outsource school district functions.

tagged: Employment, "Employment law"

February 18, 2016

TEA Has New Power to Secure Information in Misconduct Cases

Educator misconduct cases seem to be in the news daily, keeping TEA’s Educator Investigations office busy. Director Doug Phillips talks about how the department’s new subpoena powers are working.

tagged: TEA, "Texas Education Agency"