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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
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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
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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
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Are There Limits to Uniform Requirements in Texas?

In various industries, employers throughout the state of Texas require employees to wear uniforms or to comply with dress code standards. Many employers in Texas need to understand their obligations concerning uniform requirements and dress codes for employees to ensure that they remain in compliance with state and federal law. Generally speaking, employers in Texas do not face many restrictions when it comes to requiring uniforms or strict dress codes, but they do need to understand where limitations exist in order to avoid employee discrimination claims or wage and hour claims. The Texas Workforce Commission (TWC) clarifies employer responsibilities concerning Read more
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Employers Offering Early Retirement — Dos and Don’ts

Many employers in Texas and across the country began offering early retirement options for employees as a result of the economic downturn due to the COVID-19 pandemic. As many businesses have continued to struggle, or to reassess the nature of the work they are asking of employees, employers have continued to think through whether it is beneficial for their companies to offer early retirement packages or options to employees. For a number of employers, early retirement packages are offered in lieu of layoffs, according to CNBC. Regardless of the specific reasons you are considering the possibility of offering early retirement Read more
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When Should We Update Our Employment Handbook and Policies?

It is important for all Texas businesses to have employment handbooks and policies, and to ensure that these materials are updated regularly. You might initially assume that once your company’s employment handbook and workplace policies are created, they only need updating when there are obvious changes to be made. However, a smarter strategy is to review and if necessary, update these materials on an annual basis at the very least, and sometimes with more frequency. So, when should you update your business’ employment handbook and policies? Our firm has some tips to guide you. Review Your Employment Handbook and Policies Read more
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Complying with Posting Requirements for Remote Workers

Employers in Texas must comply with requirements to provide employees with notices concerning their rights and workplace safety issues through posters. These posters are designed to provide employees with information about their rights under both Texas state and federal law. Failure to display one or more of the required posters can result in liability for an employer. Yet understanding how these poster requirements work for remote or work-from-home employees can be complicated. Our experienced Dallas employment lawyers have information to help your business remain in compliance with state and federal law regardless of whether you have employees in the physical Read more
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Simon Paschal Says: Flexibility is Key

It’s August 2021.  We all thought COVID would be behind us at this point.  We are all exhausted.  We are all mentally drained.  And as employers, you’ve spent the last nearly year and a half dealing with workplace changes, new laws, and constantly changing agency guidance.  Unfortunately, though, it looks like the rest of 2021 could be more of the same.  We’re here to tell you that you can handle it.  The key is flexibility. While you may be ready to return to the office, with variant surges and fewer public mandates in place, the best approach might be to Read more
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Is the Biden Administration Eliminating Non-Compete Agreements?

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy.  The EO outlines a need to create a fair, open, and competitive marketplace.  A lot of the areas identified are non-employment related areas such as cable/internet providers and costs, farming, and government contracts.  The EO does, however, contain a paragraph addressing non-compete agreements.  Specifically, the EO states that “the Chair of the FTC is encouraged to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of Read more
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Federal Court in Texas Confirms Employers Can Mandate COVID-19 Vaccine

In June, a judge in the U.S. District Court of Texas – Southern Division, confirmed employers can terminate employees for refusing to get the COVID-19 vaccine.  In a lawsuit brought by more than 100 employees at Houston Methodist Hospital, U.S. District Judge Hughes granted Methodist’s motion to dismiss the lawsuit.  The employees attempted to allege that they were being forced to take a vaccine that they deemed “experimental.”  This argument was summarily dismissed as the Judge noted that Texas law only protects employees from being terminated for refusing to commit an act carrying criminal penalties to the worker.  Receiving a Read more