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Are Managers Ever Personally Liable for Wage & Hour Violations?

While companies break wage and hour laws all the time, depriving their employees of the earnings they deserve, the fault does not always lie with the company alone. A manager can be held personally liable if his or her company fails to adhere to the Fair Labor Standards Act’s regulations regarding overtime and minimum wage rules. Under the Fair Labor Standards Act (FLSA), the definition of “employer” includes “any person acting directly or indirectly in the interest of an employer in relation to an employee.”  Personal liability attaches to a manager when both the company and the manager are found Read more
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Tips to Avoid an Age Discrimination Lawsuit

The Age Discrimination in Employment Act (ADEA) is a federal law prohibiting employers from discriminating against employees and job applicants 40 years old or older on the basis of their age. The ADEA applies to job advertisements, interviews, hiring practices, wages, promotions, disciplinary actions, job evaluations, job assignments, and termination. For a private business to be subject to ADEA, it must have at least 20 employees. However, the rules outlined by the law should be followed by smaller employers in order to avoid the question altogether. Furthermore, Texas employers are subject to Chapter 21 of the Texas Labor Code which Read more
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Types of FLSA Audits: Position Audits and Compliance Audits

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting full and part-time employees. The Wage and Hour Division of the Department of Labor is entrusted to enforce the rules and regulations of the FLSA and has the authority to investigate an employer’s policies, practices, procedures, and other related documents, as well as interview employees to determine if the employer is in compliance with regulations. In order to ensure compliance, employers are encouraged to participate in internal FLSA audits. Knowledgeable employment law attorneys like those at Simon Paschal PLLC can help your Read more
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What to do if an Employee is Abusing FMLA

The Family and Medical Leave Act (FMLA) requires that certain employers (those with 50 or more employees) allow their eligible employees to take covered unpaid medical or caregiver leave. While FMLA can be a great tool for employers and employees alike, sometimes employees take advantage of the Act in order to avoid or minimize work. As an employer, do you know what your options are if you suspect an employee is abusing the FMLA? Options for Preventing FMLA Abuse Nothing prevents employers from ensuring that their employees are not abusing FMLA leave, and employees found misusing FMLA leave can be Read more
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Should Employers be Able to Ban Employees from Using e-Scooters at Work?

In Austin, Dallas, and other major metropolitan areas throughout Texas, the use of e-scooters by employees is on the rise. As an employer, it is critically important to understand the growing phenomenon of e-scooters as a means of transportation, your potential liability as an employer, and how to minimize your risks when employees choose to use e-scooters to get around. The expert employment law attorneys at Simon Paschal in Dallas have experience helping employers navigate this new issue affecting businesses and their employees. The Growing Use of e-Scooters The use of e-scooters in major cities is a relatively new, but Read more
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Limitations on Testing Employees for Marijuana Use

With the ever-evolving laws regarding marijuana use across the country, Texas employers may have questions about testing employees for use of the substance. While many states have legalized marijuana for medicinal and recreational use, Texas continues to ban its use except in extremely limited circumstances. Federal and state laws also give considerable latitude to employers who would like to test their employees for marijuana use. It’s understandable that employers might have questions and concerns about employees’ use of this drug and its potential effect on their businesses. Texas Marijuana Laws Texas has no law that legitimizes the use of marijuana Read more
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The Legality of Pre-Employment Medical Exams

As an employer, some roles within your company may require employees who meet certain health and medical criteria. Jobs that involve lifting heavy objects, manual labor, and other physical tasks mandate a certain type of employee, and even less labor-intensive tasks at your company may require a specific standard of health and wellness. As an employer, it is important to understand the rules and regulations surrounding pre-employment medical exams and how it may affect employment at your organization. The experienced employment attorneys at Simon Paschal can help you navigate this complicated issue and other legal matters that impact your business. Read more
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Can We Sue a Former Employee for Defamation?

  The short answer is yes, but the real question at the end of the day is should an employer sue a former employee for defamation.  If a former employee makes a false statement about his or her former employer publicly, the business owner (corporation, partnership, individual, etc.) could have the basis for a defamation lawsuit. Employers who are able to establish that defamation from a former employee has caused them harm may able to obtain compensation for the resulting damages. In many situations, however, defamation can be difficult to establish. Therefore, it is important to obtain the assistance of Read more
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FMLA Key Employee Exception

The Family and Medical Leave Act (FMLA) enables eligible workers to receive unpaid job-protected leave for certain family and medical reasons. The Act requires that the employee’s health insurance coverage be maintained during the leave period under the same terms as if the worker had not taken leave. In accordance with the FMLA, workers are eligible for 12 weeks of leave in a 12-month period for several reasons, including: The birth of a child The placement of a child for adoption or foster care The care of the worker’s spouse, child, or parent who has a serious medical condition An Read more
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Creating a Successful Workplace Diversity Program

Creating a successful workplace diversity and inclusion program can be quite a challenge. Considering all the factors involved, including age, gender, race, and sexual orientation, is what makes the endeavor so difficult. Consider the following important details to create the strongest diversity and inclusion program possible.   Why Create a Diversity and Inclusion Program?  There are several benefits that companies realize through the creation of a workplace diversity and inclusion program. Some of these advantages include the following: Diverse skills. These programs help to create more diverse workforces, which in turn provide a more diverse set of skills. A workforce Read more