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New Salary Requirements for the White Collar Overtime Exemptions

The Fair Labor Standards Act (FLSA) states that “covered employees” must receive overtime pay for those hours worked that exceed 40 hours in one workweek. In fact, the FLSA also outlines the rate of pay – one and one-half times your regular rate of pay. There are some exceptions to this rule.   The FLSA passed in 1938 and has remained a United States labor law since then. As described above, the law creates and maintains the right to a minimum wage, and “time-and-a-half” overtime pay when people work over 40 hours in a workweek. The FLSA also contains provisions to Read more
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Tips for Workplace Violence

Assisting your business with all your employment law needs in Dallas TX. Arm yourself with the right information pertaining to employment law in Dallas, TX so that you can have the peace of mind in knowing that you’re doing what’s right for your company. Simon | Paschal 13601 Preston Road Suite W870 Dallas, TX 75240 972-893-9340 www.simonpaschal.com Read more
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Is Depression Covered Under the ADA (Americans With Disabilities Act)?

According to the Americans with Disabilities Act (ADA), a disability is described as any physical or mental impairment that substantially limits a major life activity. Clinical depression is considered a disability under the ADA, yet not everyone who experiences depression is protected.  Business owners should remember that just as no two people are the same, no two disabilities are either. While physical disabilities tend to be easy to recognize, mental disabilities can be difficult to identify. Generally, the ADA is applied on a case-by-case basis, so employers do have some autonomy is working within the federal law and with their Read more
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Back to the Basics: What is National Origin Discrimination?

Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate, among other protected categories, based on national origin. National origin discrimination means treating people, namely job applicants or employees, adversely because of their country of origin, because of ethnicity or accent, or because they appear to be part of a certain ethnic group, whether or not this is actually the case. National origin discrimination also includes harassment of a person because of the national origin of their spouse or other person with whom they associate.  What Does Accent Have to do With National Origin Discrimination?  Those Read more
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More Females in the C-Suite, but Still No Gender Parity

Gender diversity has been at the forefront of the workplace equality conversation for a number of years. Recently, McKinsey & Company released its detailed 2019 Women in the Workplace Report.   The Women in the Workplace Report found that while the percentage of women in senior leadership roles has grown over the last five years, there remains a roadblock to male/female business parity in the lower ranks.  It is still far less common for a woman to receive that important first promotion.   The report states that for every 100 men promoted/hired to a first managerial job, only 72 women are given Read more
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Should you be using a Performance Improvement Plan (PIP)?

Assisting your business with all your employment law needs in Dallas TX. Arm yourself with the right information pertaining to employment law in Dallas, TX so that you can have the peace of mind in knowing that you’re doing what’s right for your company. Simon | Paschal Employment Attorneys 13601 Preston Road Suite W870 Dallas, TX 75240 972-893-9340 www.simonpaschal.com Read more
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Changes to the FLSA in 2020

Assisting your business with all your employment law needs in Dallas TX. Arm yourself with the right information pertaining to employment law in Dallas, TX so that you can have the peace of mind in knowing that you’re doing what’s right for your company. Simon | Paschal Employment Attorneys 13601 Preston Road Suite W870 Dallas, TX 75240 972-893-9340 www.simonpaschal.com Read more
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Are Employment Handbooks Legally Binding?

Does your employment handbook contain specific language indicating that it should not be considered a contract? If it does not, then your company handbook potentially could be considered a legally binding document between employer and employee.  While rare, an employee handbook can inadvertently create a contract in certain instances. Legally, the key factor in determining whether a company handbook constitutes a contract is if the employer has issued a guarantee to the employee or if the employee promises anything to the employer.  Employment handbooks and their enforceability are important when it comes to dealing with employee discipline or termination. Certain Read more