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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 may only be covered — and thus required to comply with the law — if they employ 15 or more workers (although the ADEA has an employee threshold of 20 or more employees, Chapter 21 sets the threshold at 15 and, thus, employers in Texas Read more
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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 on call under Texas state or federal law? The answer to that question will depend upon a number of factors, some of which are specific to your business and some of which are specific to the employment circumstances. Our Frisco employment lawyers can provide your Read more
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What Termination Documents Should I Keep on File for Former Employees?

When employers in Texas terminate employees, employers are required to keep many different types of documents on file for those former employees. To be clear, as an employer, you must comply with record keeping requirements for both current and former employees, and you cannot remove most records or documents for former employees until a specific amount of time has passed. The amount of time you are required to maintain documents and records for former employees will depend upon the type of document and the corresponding federal and state laws in Texas. As the Texas Workforce Commission (TWC) explains, employers have Read more
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Are There Limits to Uniform Requirements in Texas?

In various industries, employers throughout the state of Texas require employees to wear uniforms or to comply with dress code standards. Many employers in Texas need to understand their obligations concerning uniform requirements and dress codes for employees to ensure that they remain in compliance with state and federal law. Generally speaking, employers in Texas do not face many restrictions when it comes to requiring uniforms or strict dress codes, but they do need to understand where limitations exist in order to avoid employee discrimination claims or wage and hour claims. The Texas Workforce Commission (TWC) clarifies employer responsibilities concerning Read more
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Employers Offering Early Retirement — Dos and Don’ts

Many employers in Texas and across the country began offering early retirement options for employees as a result of the economic downturn due to the COVID-19 pandemic. As many businesses have continued to struggle, or to reassess the nature of the work they are asking of employees, employers have continued to think through whether it is beneficial for their companies to offer early retirement packages or options to employees. For a number of employers, early retirement packages are offered in lieu of layoffs, according to CNBC. Regardless of the specific reasons you are considering the possibility of offering early retirement Read more
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Back to the Basics: What is the Independent Contractor Test in Texas?

Texas employers are required to classify workers properly as employees or independent contractors in order to remain in compliance with state and federal law. Texas employers have a range of responsibilities concerning employees, but those same responsibilities do not apply to independent contractors. Misclassification can result in penalties and legal issues for employers, so it is critical to ensure that workers are accurately classified. What is the independent contractor test in Texas? According to the Texas Workforce Commission (TWC), there are various independent contractor tests in existence, including an “economic reality” test that is commonly used by the U.S. Department Read more
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Understanding New Federal Law on Arbitration in Sexual Harassment Cases

Employers in Texas need to know about a new federal law that bans mandatory arbitration in sexual harassment cases. The new law applies to various types of sexual harassment claims, including those that occur in the context of employment. President Biden signed the law on March 3, 2022, and the law took effect immediately. It is entitled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” It is an amendment to the Federal Arbitration Act (FAA). How will this law apply to your workplace, and what do you need to know about your responsibilities as an employer Read more
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Texas Labor Code Chapter 22

What do employers in Texas need to know about Texas Labor Code Chapter 22? This law prohibits discrimination against employees for evacuating during an emergency, and business owners in Frisco and throughout the state of Texas must have a clear understanding of their responsibilities and obligations to employees. Our Frisco employment lawyers can provide you with the information you need to ensure that you remain in compliance with Texas law. Discrimination Prohibited During Emergency Evacuation The language in the Texas Labor Code expressly states: “An employer may not discharge or in any other manner discriminate against an employee who leaves Read more
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How to Respond to an Employment Discrimination Complaint

If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond?  It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain in compliance with state and/or federal law. The TWC provides details for businesses and employers on how to respond to employment discrimination complaints made to the agency, and our Frisco employment law attorneys can provide you with more information. Understand Why an Employment Discrimination Complaint Read more
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Could You Discriminate Unintentionally When Using AI for Hiring?

Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business is currently using AI for recruiting and hiring, or if you are considering the possibility of relying on AI to recruit or hire new workers, do you need to be concerned about the possibility of AI-related discrimination against women or minorities? According to an article Read more