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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
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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
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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
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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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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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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