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10 Workplace Investigation Mistakes to Avoid

Employers should conduct timely investigations when they receive complaints concerning safety, harassment, discrimination, retaliation, and ethics since various federal laws either provide employers a defense in lawsuits if they conduct investigations or require employers to conduct investigations.  In addition to any investigation, the employer must also take any action necessary to correct and stop the prohibited actions immediately.  Investigations should be handled properly in order to achieve a quick resolution and to avoid the potential for future litigation.  Here we review some common workplace investigation mistakes to avoid. No incident reporting System – Employees must have a way to report Read more
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Prohibited Job Application & Interview Questions

Allowed Job Interview & Application Questions Under various Federal (and Texas) laws, it is illegal for an employer to discriminate against a job applicant because of his or her race, color, sex (including pregnancy), national origin, age (40 or older), veteran’s status, disability or genetic information. While these restrictions would seem to prohibit a fairly limited set of questions, court rulings have served to broaden the scope of the law significantly. Consequently, employers must exercise great care or risk (intentionally or unintentionally) running afoul of these laws during the job application and interview process.  Here, we consider “What can be Read more
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Non-Compete and Non-Solicitation Agreements in Texas

Companies have a vested interest in protecting their trade secrets. To do so, they often ask employees to sign non-compete agreements, also known as restrictive covenants.  These agreements are meant to prevent an employee from leaving the company and setting up a competing business down the road using knowledge gained from their former employer.  Employers also often use non-solicitation agreements or include non-solicitation clauses in their non-compete agreements in order to prevent a former employee from soliciting the clients or current employees of their former employer.  For purposes of enforcement, Texas law treats non-solicitation agreements as non-competition agreements, so the information discussed Read more
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Workplace Posters Required in Texas

Employers in Texas are required to display notices or posters in the workplace to inform employees of their rights and protections afforded by federal and state labor laws.   There are certain workplace posters that must be displayed by all employers. Requirements for other posters vary based on number of employees, industry, and other factors. Workplace Posters All Texas Employers Must Display Regardless of the business’s size or industry, there are a number of posters that every employer must display under Texas and federal law. These are: Employee Rights Under the Fair Labor Standards Act (lists minimum wage) Employee Polygraph Protection Read more
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Independent Contractor vs. Employee

Your Texas business may use independent contractors and employees to perform similar, if not the same duties from week to week. While the work they perform and their responsibilities may seem very similar, it is critically important that, as an employer, you understand the differences between independent contractors vs. employees. The differences between these two types of workers determine what types of laws apply to them when in your service. Misclassification of Workers Increasing Self-employed individuals have been providing services to businesses for decades, but there are more employment laws on the books now than ever before.  In recent years, Read more
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Business Merger Attorney Dallas

Keeping Your Goals in Mind When Using a Business Merger Attorney

A business merger is a serious legal issue that needs to be carefully thought out. When you consider bringing two businesses together, make sure to focus on goals. Think about what it is that you want for the future of your company. Whether it’s obtaining additional market share, acquiring new products,  or even eliminating the competition, your focus should be on this goal throughout the entire merger process. Don’t go to this important growth step for your business alone. You’ll need some help as you begin the process of deciding to merge all the way through completion. You’ll need a great business merger attorney in Dallas to help you Read more
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DOL Audit Dallas TX

4 Ways You Can Prepare Your Company for a DOL Audit

Employers should always keep in mind that the Department of Labor (DOL) can conduct a DOL audit in Dallas, TX at any time and for any reason. Typically, an audit is triggered by a complaint by an employee. By understanding the audit process, you can make the necessary preparations to make everything run as smooth as possible. Here are 4 ways you can prepare: Review job descriptions Make sure FLSA classifications are accurate Keep accurate payroll records Apply policies consistently The legal team at Simon | Paschal is here to create a partnership with your organization to help you be Read more
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Business Attorney Dallas TX

4 Legal Tips From a Business Attorney To Protect your Small Business

Starting a small business can be challenging, so hiring a business attorney in your area in Dallas, TX is imperative for legal advice and protection. While utilizing the professionals may seem costly and unnecessary, it will be a smart investment for your business’ success and your own personal stress level. Using these legal tips and the help of professionals, you can rest easy in knowing your small business is protected. Say No to DIY While surprising to hear, many new business owners will use free online tools and downloadable documents or contracts for their legal needs. These free online tools Read more