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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 , 16 0 Read more
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Most Common Workplace Lawsuits and How to Minimize Their Impact

Employment-related lawsuits are common and employees may sue employers for a variety of reasons.  Sometimes even the most buttoned-up organization may find itself charged with an employment law violation that ends in a courtroom. A lawsuit can be costly and inconvenient for an employer, so the best way to minimize legal damages is to take appropriate action in advance of any lawsuit so that you can successfully defend and defeat that lawsuit at the lowest cost possible. Here some common workplace lawsuits and how to efficiently manage them. Harassment When you think of harassment in the workplace, sexual harassment may Read more
oskyadmin May 23, 2023 , , , , , 12 0 Read more
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When is an Employer Liable for an Employee’s Bad Actions/Negligence?

It may seem unfair to be held liable for someone else’s unsavory or reckless behavior. But this is a situation that Texas businesses can face.  Employers can, in some cases, be held liable for an employee’s bad actions or negligence. Here is a look at what this entails and how you, as an employer, can take necessary precautions to reduce your risk. Vicarious Liability Employers can be vicariously liable for the actions of their employees due to a legal doctrine called respondeat superior, which is Latin for “let the superior answer.”  If the employee is doing their job (and essentially Read more
oskyadmin April 19, 2023 , , , 71 0 Read more
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Legal Risks/Implications of Monitoring/Surveilling Remote Employees

 The coronavirus pandemic in 2020 forced us to socially distance ourselves, which meant that many companies were forced to implement work-from-home policies. Many employers were hesitant to do so, though. They had never had such policies in place before, and everyone was navigating uncharted waters. One of the main concerns employers have with remote work is tracking employee productivity. Bosses could not physically walk over to an employee’s desk or glance across a room and see them working. Some employers wanted reassurance that their employees were actually working at home, not doing laundry, watching TV, sleeping, or out of town Read more
oskyadmin April 19, 2023 , 58 0 Read more
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How Should an Employer Handle Pay and Attendance Issues Related to Bad Weather?

Texas gets its share of ice, rain, and snow from time to time, especially in the winter. While every season brings its own weather woes, driving to work in these weather conditions can be especially treacherous and compromise employees’ ability to get to work safely. Snow accumulation on roads may be considerable, given that few municipalities own snowplows. Roads may be closed. In some cases, employees simply may be too scared to drive in such weather. How do you proceed as an employer when the weather is too unsafe for driving? If an employee does not show up due to Read more
oskyadmin March 29, 2023 , 81 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 , 177 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 , , , 92 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 52 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 , , , , 110 0 Read more
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