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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
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Medical Marijuana — Handling Drug Testing & Accommodation Requests in Texas

Employers in Frisco and throughout Texas routinely interview, hire, and employ workers who are either currently eligible to use medical marijuana or who may be eligible to use medical marijuana in the future. As an employer in Texas, you may be wondering about your rights and responsibilities concerning medical marijuana. For example, can you require drug testing for your employees, and can you take adverse action against employees who test positive for marijuana, even if they are lawfully permitted to use medical marijuana in Texas? Or, for instance, are you required to grant accommodations to employees who qualify for medical Read more
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CROWN Act Ordinance Passes in Austin, TX

Employers in Texas should know that Austin has become the first city in Texas to pass the CROWN Act. The passage of this law will have important employment law implications in the state. Our Frisco employment law attorneys can provide you with more information about the CROWN Act, including what it is intended to do and how it can impact employers and businesses in Texas. If you have questions or if you need more information about your legal responsibilities as an employer, it is crucial to seek advice from a lawyer who can ensure that you are in compliance with 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
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What is a Non-Solicitation Agreement & Should They Be Used in Employment Contracts?

Businesses in Texas need to be able to protect their company interests, including trade secrets and carefully built relationships with customers and clients. Accordingly, many businesses seek to include certain restrictions in employment contracts that limit what employees can do and how they can share information from the business. These are known as “restrictive covenants.” One common type of restrictive covenant is the non-solicitation agreement, which is designed to prevent an employee from leaving the business and taking clients or customers with them when they leave. If you own a business in Texas, it is important to understand what a Read more
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Texas Legal Requirements for Overtime Pay & Credit Accumulations

If your business has employees who are non-exempt and work overtime hours, it is important to understand your obligations as an employer under the federal Fair Labor Standards Act (FLSA) concerning overtime pay and overtime credit accumulations. In short, you are required to compensate non-exempt employees for overtime hours worked, and that compensation must come in the form of pay unless you are a public employer, in which case it may also come in the form of overtime credit accumulations. Our Frisco employment law attorneys can provide you with more information to ensure that your business remains in compliance with Read more
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Apologizing in Employment Situations — Does Apology Lead to Liability?

When you are running a business, workplace problems are inevitable.  When employees report problems in the workplace and/or file complaints, your response in some cases might be to apologize. As a dedicated employer in Texas, you might assume that telling an employee you are sorry they have experienced a particular issue or that they have dealt with a significant workplace problem might be the compassionate or empathetic thing to do. Know, however, that in some circumstances, an apology could ultimately expose your business to liability. Indeed, under certain circumstances, apologizing could be construed as an admission of fault or responsibility. Read more
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Don’t Be Your Own Registered Agent (5 Reasons Why)

When you start a business, one of the first things you need to do is choose a registered agent. This is the person or company that will receive legal and tax documents on behalf of your business.  Many small business owners choose to be their own, but there are several reasons why this may not be a good idea. In this blog post, we will discuss five reasons why you should not be your own registered agent!   1.  A Registered Agent Must Have a Physical Address (with business hours!) The registered agents must have a physical address (no PO Read more
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Basic Considerations When Paying Employees Commission

Employers in Texas who pay employees commissions need to consider a variety of issues to ensure that they are in compliance with state and federal law. For example, if you pay non-exempt employees commissions, generally speaking, these employees must be treated just as any other non-exempt employee. As such, Texas employment laws and federal laws like the Fair Labor Standards Act (FLSA) will apply. Beyond this, what other factors should be considered? The Texas Workforce Commission (TWC) outlines some of the key issues for employers in the state who pay employees commissions. Employees Paid Commission are Covered by Minimum Wage Read more
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Employment Law Considerations When Buying a Business

If you are considering buying a business in Texas, you need to consider several key employment law issues that could ultimately impact your ability to run the business. Buying a business is complex, and you should work with a lawyer throughout the process on various legal issues concerning the purchase agreement, due diligence, and other matters. You should also work with an experienced Texas employment law attorney who can determine whether there are any employment law considerations that you will need to contend with in the process of acquiring the business and running it according to your plans. The following Read more