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Simon | Paschal Says: Be Careful with Kindness

It’s that time again for another Simon | Paschal Says opinion column.  This opinion deals with kindness and the pitfalls employers face when they are too kind.  Before you fire off that angry email to us about how important kindness is, let us clarify what me mean by being careful with kindness.  First and foremost, we advocate an open and inclusive workplace that treats all employees with respect and treats all employees like important and valuable members of the workforce.  That is not the kindness we are talking about in this column.  The kindness you must avoid is the kindness Read more
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The “Post” COVID Workplace

Anyone that has followed the news understands that COVID is not going away any time soon.  So while we think it’s important to talk about the “post” COVID workplace, it’s not really all that “post.”  That said, there are some new normals and some considerations of which all employers should be mindful. Vaccinations With the vaccination of Americans in process, many employers have questions regarding what they can and cannot do with respect to the COVID vaccine.  Employers are permitted to require employees to get vaccinated.  However, employers must make reasonable accommodations based on ADA-protected disabilities and sincerely held religious Read more
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The NLRB in a Non-Union Setting

Many non-union employers fail to realize that the National Labor Relations Act still applies to them.  While the NLRA is most often applied in the union setting, at its most basic level, the NLRA protects the right of employees to engage in protected concerted activity.  Such protected concerted activity can occur in a union or non-union setting.  With that in mind, we want to go over a few of the more common situations in which the NLRA affects the non-union workplace. One of the most common affected areas is employee handbooks.  Many employers remember several years ago when the National Read more
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Do Texas Employers Have to Pay Employees for Work Missed Due to Inclement Weather?

The recent 2021 winter storm in Texas shut down a large portion of the state for the week.  Lack of electricity forced the closing of many businesses.  Those businesses that were able to stay open had numerous absences from employees who could not travel to work because of the snow and ice or could not work remotely because of the lack of electricity at home.  A common question from employers is whether or not they are required to pay employees for work due to inclement weather. The answer depends on a couple factors.  First, is the employee a non-exempt (often, Read more
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Transacting Business in Multiple States

Are you registered to do business in every state in which you provide services? What about those states in which your client is based but you provide all your services remote? Or that state in which you have a remote employee who moved away from your corporate office when most businesses transitioned to remote workers in response to COVID-19?  For a lot of business owners, they assume that once they have established their company entity, they are free to transact business as they please (whether they established the entity in the state where their corporate office is located or in Read more