Hello again! This is our fourth post in a series covering the 2025 TWC Conference for Employers. These seminars are taking place across Texas for the next several months, offering valuable information on the types of compliance issues the Texas Workforce Commission plans to focus on. We’ve said this before, but if you’re able to attend one, it’s highly recommended.
Can’t make any of the events? That’s what these posts and our monthly Zoom updates are for! As the sole private presenter at most of the conference this year, our founder, Natalie, is in the perfect position to share everything she’s learned, so that’s exactly what we’ve been doing.
So far, our posts have covered wage issues, Title VII and investigations, and how you can avoid costly workers’ compensation problems.
Today, we’re jumping into how the various policies of your business can either help you avoid compliance issues… or potentially cause them.
What does the TWC mean by problems related to “policies”?
What the TWC Says You Should Know When Creating Business Policies
Every successful business runs on policies. You need rules and regulations to keep things running smoothly. But it’s also important that the policies you put into place respect your employees’ rights and follow the law.
Here are some common policy questions businesses ask the TWC and their responses:
Is it required by law to have a handbook?
No. There’s no law that requires you to have a handbook.
However, it is strongly recommended that you have one because it acts as a sword and shield to justify company actions and provides an affirmative defense in court. Like other agencies, the TWC will always ask you for a handbook and expect you to have one.
What does a good handbook do?
A good handbook should establish expectations for employees and help maintain order in the workplace.
What requirements are there for distributing and updating employee handbooks?
Though there are no specific requirements, generally speaking, employers should ensure employees understand the handbook policies and update them regularly. Policies should not be secret.
How should businesses format policies – what elements should be included?
In general, policies should be clear and must be understandable by all employees. If you tend to hire folks with a lower level of sophistication or language differences, that should be reflected in the way your policies are written.
A good policy needs to:
- explain each rule clearly
- provide examples
- outline consequences for violations
Are businesses allowed to implement zero-tolerance policies?
Absolutely! However, you need to make sure that they are for actions within the employee’s control. For example, tardiness may not be suitable for zero tolerance due to outside factors your employee can’t control.
How should businesses handle policy enforcement?
The most important thing to do is to be consistent in your enforcement. Consistency is crucial to ensure compliance and effectiveness. Remember, even the best-written policy is useless if you’re not enforcing it. Worse, intermittent enforcement can lead to discrimination claims.
What rules do employers need to follow when conducting investigations?
While no investigation is one-size-fits-all, there are general things that employers should always do, including:
Question managers, supervisors, and the accused to understand what happened.
Be discreet when investigating, and maintain records in the employee’s files.
Keep the complainant updated, especially if the investigation takes more than a week.
What issues do businesses need to consider for unpaid suspensions?
A few important things to know:
- If an investigation reveals no misconduct, it is difficult to justify the suspension.
- Unpaid suspensions are common and typically last three days or less.
- In termination cases, employers must show misconduct connected with the worker.
What are the guidelines for issuing warnings?
- When issuing a warning, always have three people present: the employer, the accused, and another member of the employer’s business.
- Document everything immediately and follow up verbal warnings with written communication.
- If an employee refuses to sign a warning, have them sign a portion of it indicating they received the warning.
Is it a requirement that employers document everything?
No, but you really, really want to. If you neglect to document incidents as soon as they happen, it can result in you losing unemployment or wage claims.
On the flip side, witness statements can be used to support claims. Always make sure that these statements are written in the witnesses’ own words.
What are the legal requirements for employee breaks?
Businesses are generally not required to provide breaks, with the exception of bathroom breaks and breaks for nursing mothers and employees with disabilities.
That being said, it’s typically recommended that employers allow reasonable breaks to employees. Under the law, rest breaks or coffee breaks of 20 minutes or less are paid, while meal breaks of 30 minutes or more are unpaid.
Are employees allowed to talk to each other about varying working conditions and pay?
Yes. Under the NLRA, employees have the right to discuss their working conditions and pay with one another.
What kinds of rules on absenteeism and tardiness are businesses allowed to have?
These types of rules are allowed, and there are few guidelines other than the fact that employers must enforce them consistently and document exceptions.
How should employers record the time worked for salary-exempt employees?
It’s recommended that employers have all employees, including overtime-exempt ones, clock in and out. This way, you will have accurate records in case of incidents.
Do businesses need to have grievance procedures for employees?
These types of procedures are important for both employers and employees to ensure issues are addressed through a proper chain of command.
Do employers need to set vacation and sick leave policies?
Vacation leave is not required unless there is a policy in place. Sick leave is generally not required unless under FMLA or ADA.
Is it required for businesses to pay out PTO balances at the end of someone’s employment?
Nope. Employers are not required to pay out accrued PTO unless there is a policy stating otherwise.
If an employee says they are out sick, can employers ask for a doctor’s note?
Yes. Employers can request a doctor’s note. However, you cannot ask for a prognosis, diagnosis, or medication information.
What kind of monitoring is allowed for social media, internet, and computer usage?
Employers are allowed to monitor usage that occurs on business property. Additionally, they may take action on conduct observed via social media that damages the company.
However, businesses are not allowed to access private information.
Can businesses create dress codes and grooming standards?
Yes, employers can enforce reasonable grooming standards. That being said, you are also required to accommodate dress and grooming differences that are religious in nature unless it causes undue hardship.
Are English-only policies in the workplace allowed?
English-only policies are generally discouraged unless there is a business necessity.
How does the Americans with Disabilities Act (ADA) apply to Texas businesses?
Employers with 15 or more employees must provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship.
Feeling like your handbook might need a tuneup after reading this? We can help with that – as well as other policy and protocol issues. Get in touch and we’ll discuss how to proceed. Also, make sure you’re keeping up with this quickly changing landscape by attending our monthly Zoom updates.
