Understanding “Long COVID” & ADA Disabilities Protections

Many employers in Texas are facing disability accommodation requests from employees related to COVID-19. Some of those accommodation requests concern protections against exposure or spread in the workplace due to the employee’s disability, while others concern the disabilities that the employee has developed as a result of being infected with the coronavirus. It is critical […]

Where’s the Line? What is a “Hostile Work Environment”?

Whether you are taking policy steps at your business to protect against harassment in the workplace or you are facing an employee discrimination claim that alleges a hostile work environment, it can be difficult to know what actually constitutes a hostile work environment. While you might know that a hostile work environment is one in […]

2021 Super Lawyer Recognition

Dustin and Paul were once again selected by their peers as 2021 Super Lawyers by Thomson Reuters.   Only 5% of Texas attorneys are selected as Super Lawyers, with only 2.5% of Texas lawyers below the age of 40 receiving a Rising Star honor. To learn about the Super Lawyers selection process, click here.  The lawyers of Simon | Paschal PLLC […]

Tips for Crafting Severance Agreements

The prospect of having to tell an employee that they are losing their job is one of the most difficult tasks an employer will face. Employers in Dallas and across Texas often soften the blow by making a severance package part of the termination process. Typically, this will include payment and a severance agreement that […]

Is There a “7-Minute Rule” for Hourly Payments?

Anyone who owns a business in Texas and has employees—particularly employees who are paid by the hour—should be aware of their obligations under the Fair Labor Standards Act (FLSA) and the rights that federal law affords to wage employees. To be sure, the FLSA governs federal laws pertaining to workers’ wages, hours, and overtime pay, […]

Are There Rules for Verbiage Used in Job Advertisements?

When your business is advertising jobs for new positions, you should be thinking about the specific language you plan to use in those job posts and how you want to frame the position you are advertising. When you draft your job advertisement, consider language selection carefully. It is important to avoid using language that could […]

What Equipment Should be Reimbursed for At-Home Work?

If you have employees who work from home on a full-time or part-time basis, you might be wondering if you should be reimbursing certain expenses. In particular, if your company reimburses business expenses for employees who do not work from home, or if your business provided such reimbursements prior to the pandemic, employees who work […]

Simon Paschal Says: Flexibility is Key

It’s August 2021.  We all thought COVID would be behind us at this point.  We are all exhausted.  We are all mentally drained.  And as employers, you’ve spent the last nearly year and a half dealing with workplace changes, new laws, and constantly changing agency guidance.  Unfortunately, though, it looks like the rest of 2021 […]

Is the Biden Administration Eliminating Non-Compete Agreements?

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy.  The EO outlines a need to create a fair, open, and competitive marketplace.  A lot of the areas identified are non-employment related areas such as cable/internet providers and costs, farming, and government contracts.  The EO does, however, contain […]

Federal Court in Texas Confirms Employers Can Mandate COVID-19 Vaccine

In June, a judge in the U.S. District Court of Texas – Southern Division, confirmed employers can terminate employees for refusing to get the COVID-19 vaccine.  In a lawsuit brought by more than 100 employees at Houston Methodist Hospital, U.S. District Judge Hughes granted Methodist’s motion to dismiss the lawsuit.  The employees attempted to allege […]