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Simon | Paschal

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4 Reasons Why You Should Consider Forming an LLC 

Are you ready to take the plunge and form your own business? Becoming an independent business owner can be both empowering and daunting. But when it comes down to making sure that you have created the best structure for long-term success, there’s one entity that often rises above the rest: a Limited Liability Company (LLC).  Establishing an LLC is a fantastic way to protect yourself and your assets while still reaping all of the rewards of being your own boss.  Discover four key advantages of why forming an LLC could benefit entrepreneurs today! What exactly is an LLC? A Limited Read more
Simon Paschal June 5, 2023 , , , 11 0 Read more
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FMLA Eligibility Review: Are All Your Employees Eligible?

How strong is your knowledge of the Family and Medical Leave Act (FMLA)?  FMLA allows employees to take unpaid time off for certain family or medical reasons.  Many employers misapply the FMLA in their workplace because they do not fully understand its eligibility requirements.  Below, we review FMLA eligibility guidelines so you can ensure you are applying the law correctly. Employees who are eligible for FMLA can receive the following: 12 weeks of leave in a 12-month period for one of these reasons: The birth of a child and care of the newborn child within one year of birth The Read more
Simon Paschal May 23, 2023 , 40 0 Read more
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Can a Misclassified Independent Contractor Sue the Employer?

Is a worker an employee or an independent contractor? You may think this is a silly question, but it is not. Independent contractor classification is popular among employers looking to save a few bucks. By classifying an employee as an independent contractor, an employer does not have to abide by minimum wage or overtime laws. They also save on payroll taxes and benefits. As you can see, taking all these costs together, classifying a worker as an independent contractor can mean big savings for employers. However, it could also mean huge problems if the worker is misclassified. Employers who misclassify Read more
Simon Paschal March 15, 2023 , 184 0 Read more
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Can I Be My Own Registered Agent? (Everything you need to know)

Do you want to be your own registered agent but aren’t sure if it’s possible—or even allowed?  You’re not alone – many entrepreneurs and small business owners wonder the same thing! Yes, you can be your own registered agent—but let’s take a look to see if that makes sense for your business.  There are several factors to consider before making that decision. In this blog post, we’ll break down everything you need to know about being a registered agent (for yourself or using a service), from understanding why it matters to deciding what’s the best choice for you.    What Read more
Simon Paschal March 6, 2023 , , , 99 0 Read more
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What is a Registered Agent, and Can You Be Your Own?

Starting and running a business can be an exciting endeavor, but it also comes with a lot of legal requirements and obligations. One of those requirements is appointing a registered agent.  But what is a registered agent, and why do you need one?  In this blog post, we will explore the role of a registered agent in more detail and help you decide whether being your own registered agent is the right choice for your business.   What is a registered agent, and what does it do for your business? A registered agent is a designated person or entity that Read more
Simon Paschal March 1, 2023 54 0 Read more
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What is the “Cat’s Paw” Theory of Liability When it Comes to Retaliation?

Just like any community, the workplace is subject to conflict.  Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker.  Employers are advised to exercise caution with employee complaints to avoid being burned by the Cat’s Paw theory of liability. What Is the Cat’s Paw Theory of Liability? The Cat’s Paw theory of liability is based on the fable in which a monkey tricks a cat into pulling chestnuts from a fire. Read more
Simon Paschal February 27, 2023 , , , , 117 0 Read more
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Wage Transparency Laws: How Do They Affect Texas Employers?

Once upon a time, employers commonly discouraged or even prohibited their employees from discussing their wages and benefits amongst themselves.  But today, the law is on the side of the employee.  The National Labor Relations Act, which applies to both union and non-union employees, makes it against the law for employers to forbid employees from discussing wages and other terms and conditions of employment with each other. Now, new laws in some states require certain employers to make some wage and benefits information, that used to be kept under wraps, available.  What do these laws require and how does this Read more
Simon Paschal February 15, 2023 , , 163 0 Read more
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Best Practices When Writing Job Descriptions

When Texas employers are writing job descriptions with plans of hiring new employees, it is critical to think carefully about how to craft the job description. You will need to consider various issues, including the best way to advertise the positions you are hiring for, as well as how to write job descriptions that keep you in compliance with state and federal law. Employers can face discrimination claims based on language in job descriptions, even before they begin the actual hiring process. In addition, you will want to be clear about the distinctions between a job advertisement and a job Read more
Simon Paschal January 24, 2023 , , , 145 0 Read more
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Avoid Discriminatory Filters Using AI Tools in Employment Searches

Texas employers who are planning to hire new employees may be considering the use of artificial intelligence (AI) technology to assist in the hiring process. According to an article in Risk Management, AI technology provides several benefits to employers in many different fields and industries. As that article explains, “some of the applications include employee recruitment and hiring, with AI promising to bring increased efficiency, lower costs, and better candidates to companies that employ technology in recruiting and hiring.” Unfortunately, some AI tools can be discriminatory and may open your business to liability to employment discrimination claims. One problem with Read more
Simon Paschal December 14, 2022 , , , , 158 0 Read more
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