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Employment Law Dallas TX

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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 , , , 86 0 Read more
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Wage Transparency Laws: How Do They Affect Texas Employers?

Once upon a time, employers commonly discouraged or even prohibited their employees from discussing their wages and benefits amongst themselves.  But today, the law is on the side of the employee.  The National Labor Relations Act, which applies to both union and non-union employees, makes it against the law for employers to forbid employees from discussing wages and other terms and conditions of employment with each other. Now, new laws in some states require certain employers to make some wage and benefits information, that used to be kept under wraps, available.  What do these laws require and how does this Read more
Simon Paschal February 15, 2023 , , 163 0 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
Simon Paschal January 24, 2023 , , , 145 0 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
Simon Paschal November 11, 2022 , , , , , , 232 0 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
Simon Paschal October 25, 2022 , , , , , , , 534 0 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
Simon Paschal October 11, 2022 , , , , , , , 535 0 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
Simon Paschal September 30, 2022 , , , , , , , , 486 0 Read more
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Understanding Age Discrimination Claims in Texas

Age discrimination in employment in Texas is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) and Chapter 21 of the Texas Labor Code. However, employers in Texas need to know that federal and state laws only protect against discrimination against employees who are 40 years of age or older. Further, employers may only be covered — and thus required to comply with the law — if they employ 15 or more workers (although the ADEA has an employee threshold of 20 or more employees, Chapter 21 sets the threshold at 15 and, thus, employers in Texas Read more
Simon Paschal September 15, 2022 , , , , , , , , , , , 783 0 Read more
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Do I Need to Pay Employees for Being on Call in Texas?

Many Texas employers have businesses that require their employees to be on call. In other words, employers have workers who are required to be ready and available for work when called on by the employer. If you have on-call employees, or stand-by employees, are you required to pay these employees for the hours they are on call under Texas state or federal law? The answer to that question will depend upon a number of factors, some of which are specific to your business and some of which are specific to the employment circumstances. Our Frisco employment lawyers can provide your Read more
Simon Paschal August 30, 2022 , , , , , , , , 7663 0 Read more
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What Termination Documents Should I Keep on File for Former Employees?

When employers in Texas terminate employees, employers are required to keep many different types of documents on file for those former employees. To be clear, as an employer, you must comply with record keeping requirements for both current and former employees, and you cannot remove most records or documents for former employees until a specific amount of time has passed. The amount of time you are required to maintain documents and records for former employees will depend upon the type of document and the corresponding federal and state laws in Texas. As the Texas Workforce Commission (TWC) explains, employers have Read more
Simon Paschal August 15, 2022 , , , , , , , , 758 0 Read more
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