Understanding WARN Act in Texas: A Comprehensive Guide for Employers 

As an employer in Texas it’s important to understand the federal Worker Adjustment and Retraining Notification (WARN) Act and how it pertains to layoff decisions.  While other states may have their own WARN Acts, Texas follows the federal regulations.  What does this mean? Let’s take a look. What is the WARN Act? First, let’s understand […]

FMLA Lawyer: Navigating Family and Medical Leave Act with Ease

Are you struggling to make sense of the complexities surrounding the Family and Medical Leave Act (FMLA)?  If so, you are not alone. Navigating the FMLA can be a daunting task for both employees and employers. Depending on the location, size and type of business there are a lot of things to consider.  While at […]

CLIENT ALERT: DOL Publishes New Independent Contractor Test

In December 2022, we sent out a client alert regarding the United States Department of Labor’s (“DOL”) proposed rule to reclassify the standards for employees and independent contractors under the Fair Labor Standards Act (“FLSA”).  The DOL initially published a proposed rule in October 2022 and held public comment on the rule through early November of […]

Texas Legal Requirements for Overtime Pay & Credit Accumulations

If your business has employees who are non-exempt and work overtime hours, it is important to understand your obligations as an employer under the federal Fair Labor Standards Act (FLSA) concerning overtime pay and overtime credit accumulations. In short, you are required to compensate non-exempt employees for overtime hours worked, and that compensation must come […]

Apologizing in Employment Situations — Does Apology Lead to Liability?

When you are running a business, workplace problems are inevitable.  When employees report problems in the workplace and/or file complaints, your response in some cases might be to apologize. As a dedicated employer in Texas, you might assume that telling an employee you are sorry they have experienced a particular issue or that they have […]

Basic Considerations When Paying Employees Commission

Employers in Texas who pay employees commissions need to consider a variety of issues to ensure that they are in compliance with state and federal law. For example, if you pay non-exempt employees commissions, generally speaking, these employees must be treated just as any other non-exempt employee. As such, Texas employment laws and federal laws […]

Employment Law Considerations When Buying a Business

If you are considering buying a business in Texas, you need to consider several key employment law issues that could ultimately impact your ability to run the business. Buying a business is complex, and you should work with a lawyer throughout the process on various legal issues concerning the purchase agreement, due diligence, and other […]

Understanding Age Discrimination Claims in Texas

Age discrimination in employment in Texas is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) and Chapter 21 of the Texas Labor Code. However, employers in Texas need to know that federal and state laws only protect against discrimination against employees who are 40 years of age or older. Further, employers […]

Do I Need to Pay Employees for Being on Call in Texas?

Many Texas employers have businesses that require their employees to be on call. In other words, employers have workers who are required to be ready and available for work when called on by the employer. If you have on-call employees, or stand-by employees, are you required to pay these employees for the hours they are […]