Can I Video Record an Interview? Are There Legal Issues to Consider?

Employers in Texas who are planning to hire new employees might be thinking about ways to revisit the interviews prior to making a hiring decision. In some cases, members of the hiring team might not be able to be present for all of the interviews, so you might be considering options for ensuring that everyone […]

What are the Legal Risks of “Joint Employers”?

The Fair Labor Standards Act (FLSA) is a federal law that governs wage and hour issues for employees across the country. The FLSA has specific requirements when it comes to overtime pay and minimum wage, and all employers must abide by the FLSA when paying employees. Specifically, the FLSA requires all non-exempt employees to be […]

Are Salespeople Exempt Under FLSA?

While many employees are eligible for a certain amount of overtime pay and a minimum wage under the FLSA, certain types of employees are exempt. With exempt employees, employers are not required to pay overtime according to the FLSA. One example of such exempt employees are those employees that meet the requirements of the “outside […]

Understanding Overtime Salary Cutoff Rules in 2020

If you run a business in Texas and have employees, it is critical to learn more about the new Department of Labor overtime rule that changes the way overtime pay is handled for many employees. The new rule took effect on January 1, 2020, and it remains in effect. What does the new rule do? […]

Does Remote Work Increase Risk of Wage/Hour Claims?

The onset of COVID-19 in the United States has resulted in many workplaces shifting to a partial or completely remote workplace, which means that many employees are now working from home when they were not prior to the pandemic. Shifting to a work-from-home model can have many complications for employers, including wage and hour issues. […]

Simon | Paschal Says: A Time for HeaRt

This may seem like a funny thing to hear employment lawyers say, but now more than ever it is time for Human Resources to truly exhibit HeaRt.  Our capitalization and bolding of the word heart are intentional because as the great Michael Scott would say, “HR is in the word.” 2020 has been a tough […]

Personnel Actions: Layoffs & PTO

As businesses and employers are getting a better handle on their staffing needs after several roller coaster months of COVID-19, the fortunate businesses are facing decisions about bringing people back to work who had previously been laid off and also addressing paid time off of employees that may not have utilized much of it.  With […]

Election Season Considerations

2020 is the year that everything that could possibly happen…happened.  It seems only normal, then, that 2020 is also the year of a U.S. Presidential election.  No matter where you stand as an HR professional on the political spectrum, you must navigate the election season in the workplace.  With that in mind, let’s discuss just […]

Supreme Court Update

While many of us were focused on COVID-19 over the summer, the United States Supreme Court issued three major decisions affecting the workplace.  Here is what you need to know. LGBTQ Protections The Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBTQ workers.  The majority decided the […]

COVID-19 Update

As the COVID-19 pandemic continues throughout the country, employers have continued to adapt and “change” has become the norm.  Now is a good time to take stock of where we are and what employers need to know about COVID-19 in the workplace. Families First Coronavirus Response Act As a reminder, the Families First Coronavirus Response […]