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How to Respond to an Employment Discrimination Complaint

If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond?  It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain in compliance with state and/or federal law. The TWC provides details for businesses and employers on how to respond to employment discrimination complaints made to the agency, and our Frisco employment law attorneys can provide you with more information. Understand Why an Employment Discrimination Complaint Read more
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Could You Discriminate Unintentionally When Using AI for Hiring?

Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business is currently using AI for recruiting and hiring, or if you are considering the possibility of relying on AI to recruit or hire new workers, do you need to be concerned about the possibility of AI-related discrimination against women or minorities? According to an article Read more
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New Requirements for Federal Contractors in 2022

Employers in Texas engaged in work as federal contractors or subcontractors need to learn about new employment law requirements affecting federal contractors in 2022. If your business takes on federal contracts or is classified as a federal contractor, you might already be familiar with certain requirements from 2021. Yet there is more to be aware of in 2022. Beginning in 2022, there are new requirements for federal contractors, and Texas businesses need to know what to do in order to remain in compliance. Our Frisco employment law attorneys can speak with you today about any compliance questions you have. In Read more
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Workers’ Comp for Employees with Side Effects from Mandated COVID-19 Vaccines

Many employers in Texas are requiring employees to have COVID-19 vaccines in order to do their jobs. If your business has made vaccines mandatory as a condition of employment, then you should know that it is possible for an employee to seek workers’ compensation benefits for an adverse reaction to, or side effects from, a COVID-19 vaccine. In addition, the Texas Department of Insurance has made clear that employers have a duty to report adverse reactions in a manner similar to reporting other workplace illnesses or injuries, although making such a report does not necessarily mean that the employee will Read more
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5 New Texas Workplace Laws Passed by Texas Lawmakers in 2021

Many new Texas state laws were passed in 2021. A number of those laws may affect employers, including both their rights concerning business practices and responsibilities to employees. If you have any questions about compliance with Texas business or employment law, one of our experienced Frisco attorneys will be glad to help.  In the meantime, take a look at this review of five new workplace laws passed by Texas lawmakers in 2021. Law Providing Enhanced Protections for Active-Duty Service Members Texas Governor Greg Abbott signed SB 484 into law, and the law took effect on September 1, 2021. The law Read more
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Wage Deductions: Can I Dock Costs from Employee Wages?

Texas employers may be able to make deductions from employee wages under certain circumstances, but it is essential for employers to know that they must do so in compliance with the federal Fair Labor Standards Act (FLSA) and the Texas Payday Law. Under federal and state law, certain types of deductions are always permitted, while others may be permitted in Texas if an employer obtains written employee authorization. Then, some types of deductions are never permitted, even if an employee authorizes such a deduction in writing. The Frisco employment law attorneys at Simon Paschal PLLC can assist your business with Read more
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Minimum Wage and Overtime Exceptions: Understanding the Outside Sales Exemption

Employers in Texas and throughout the U.S. are required to pay employees a minimum wage unless they are exempt. Under the Fair Labor Standards Act (FLSA), there are a wide variety of workers who may be exempt, which means the employer is not required to pay the minimum wage and/or overtime compensation. However, it is important for employers to understand, as the U.S. Department of Labor (DOL) explains, that “exemptions are narrowly construed against the employer asserting them,” and the “ultimate burden of supporting the actual application of an exemption rests on the employer.” Common exemptions include commission sales employees, Read more
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Do Texas Employers Have to Pay Employees for Work Missed Due to Inclement Weather?

The recent 2021 winter storm in Texas shut down a large portion of the state for the week.  Lack of electricity forced the closing of many businesses.  Those businesses that were able to stay open had numerous absences from employees who could not travel to work because of the snow and ice or could not work remotely because of the lack of electricity at home.  A common question from employers is whether or not they are required to pay employees for work due to inclement weather. The answer depends on a couple factors.  First, is the employee a non-exempt (often, Read more
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Transacting Business in Multiple States

Are you registered to do business in every state in which you provide services? What about those states in which your client is based but you provide all your services remote? Or that state in which you have a remote employee who moved away from your corporate office when most businesses transitioned to remote workers in response to COVID-19?  For a lot of business owners, they assume that once they have established their company entity, they are free to transact business as they please (whether they established the entity in the state where their corporate office is located or in Read more
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Business Merger Attorney Dallas

Keeping Your Goals in Mind When Using a Business Merger Attorney

A business merger is a serious legal issue that needs to be carefully thought out. When you consider bringing two businesses together, make sure to focus on goals. Think about what it is that you want for the future of your company. Whether it’s obtaining additional market share, acquiring new products,  or even eliminating the competition, your focus should be on this goal throughout the entire merger process. Don’t go to this important growth step for your business alone. You’ll need some help as you begin the process of deciding to merge all the way through completion. You’ll need a great business merger attorney in Dallas to help you Read more