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Department of Labor Audit Checklist: Wage & Hour Audit

Employers must comply with numerous Department of Labor (DOL) laws concerning employee wages and hours, workplace safety, family and medical leave, and special rights granted to military veterans in the workforce, among others. A DOL audit can focus on any area of employment law. The DOL has the right to audit employers at any time, so employers are wise to be prepared for scrutiny. In light of pending changes to Wage & Hour rules proposed in the Fair Labor Standards Act, we have put together a checklist to help you steer clear of trouble during a DOL Wage & Hour Read more
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General Counsel Services: Lawyers on Staff at Your Business

  Running a business becomes more complicated each day. In addition to the rigors of the competitive marketplace, you must manage your personnel and employment law issues as well. If your company has employees, you must stay abreast of labor laws, know which laws apply to your company, stay on top of changes in the law, and be sure your entire organization is in compliance. This can be a big job, regardless of how many you employ. Read more
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The ADA and Mental Disabilities

We are in the process of preparing our “Sensitive Employee Relations” presentation for the upcoming Frisco HR Summit at the end of March, so we thought we would provide you a preview of that speech while also providing some valuable information regarding mental disabilities and mental health and their relation to the Americans with Disabilities Act.  Not only is mental health a very sensitive issue in the workplace but it can often be difficult to handle from a Human Resources perspective. Just as with other disabilities under the ADA, a mental disability is (a) any impairment that substantially limits one Read more
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Workplace Posters

We get a lot of questions about workplace posters from employers and this can often be a somewhat confusing area.  What posters you must display can be driven by the number of employees you have, the industry in which you operate, whether or not you have federal contracts, and a multitude of other factors.  The Department of Labor has created a great tool for determining what federal posters you must display.  You can access the tool here: http://webapps.dol.gov/elaws/posters.htm.  The tool is a step-by-step question process that is extremely easy to use.  At the end, the tool provides valuable information about Read more
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President Trump Appoints Acting EEOC and NLRB Chairs

Last week, President Trump appointed EEOC Commissioner Victoria Lipnic as Acting Chair of the EEOC and appointed NLRB Board Member Philip Miscimarra as Acting Chair of the NLRB. As an EEOC Commissioner, Lipnic served as a member of the EEOC’s Select Task Force on the Study of Harassment in the workplace.  Prior to her time with the EEOC, Lipnic served as Assistant Secretary of Labor for Employment Standards under President George W. Bush from 2002 through 2009.  In that role, she oversaw the Wage and Hour Division of the Department of Labor, the Office of Federal Contract Compliance Programs, the Read more
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New I-9 Form Required for Employers

Effective January 22, 2017, employers must use a new Form I-9, Employment Eligibility Verification.  The form can be found here: Form I-9.  As a reference for employers, the new form is dated 11/14/2016.  Among other changes, the new form has prompts to ensure information is entered correctly, has the ability to enter multiple preparers and translators, has a dedicated area for including additional information, and has a supplemental page for the preparer/translator.  It is more digital friendly in that it has drop down lists, calendars for dates, on-screen instructions, and an option to clear the form and start over. Employers Read more
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End of Year Checklist

As we approach the end of another year, there are a lot of things to keep in mind regarding your business and your employees.  Here are just a couple of quick thoughts and items for your end of year checklist: Holiday Parties – Many people are already aware of the dangers created by holiday parties with respect to potential sexual harassment claims and worries about alcohol-induced issues.  Beyond that, though, employers should be aware of religious discrimination and harassment concerns regarding holiday parties.  Religious belief accommodations should be thoroughly examined so that any employee with a sincerely held religious belief Read more
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Texas Court Halts Implementation of New Overtime Rule

Today, November 22, 2016, U.S. District Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction halting implementation of the new overtime rules that were set to go into effect on December 1, 2016. As you aware, following a notice and comment period, the U.S. Department of Labor issued a Final Rule regarding the so-called “white collar” overtime exemptions. The rule, set to go into effect on December 1, 2016, increased the required salary level for the executive, administrative and professional exemptions to the Fair Labor Standard Act’s Read more
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Employment Law News & An Update

Today, we have an update on our previous post about challenges to the upcoming changes to the Department of Labor’s overtime regulations.  We also have a quick note on other legal action affecting employment laws.  It’s been a pretty busy few weeks in the U.S. District Courts for the Eastern District of Texas! Shortly after Texas and multiple other states filed a lawsuit to stop the new overtime rules from going into effect on December 1, 2016, the U.S. Chamber of Commerce and 50 other groups, including the Plano Chamber of Commerce and the Frisco Chamber of Commerce here locally Read more