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Discrimination Changes on the Horizon?

At the time of the June 30, 2014 Burwell v. Hobby Lobby, Inc. decision from the United States Supreme Court, many employment law experts and practitioners recognized that the Court’s decision to let Hobby Lobby opt out of portions of the Affordable Care Act (aka Obamacare) on religious grounds could lead to a litany of lower court decisions addressing employers’ desires to opt out of other employment laws on religious grounds.  We now have such a case.  Yesterday, August 18, 2016, in a decision out of the U.S. District Court for the Eastern District of Michigan, a judge held that the Read more
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Employment Attorney Dallas TX

3 Surprising Reasons Your Small Business Needs an Employee Handbook

As a small business owner, you may not realize the importance of a handbook for your employees, but an employment attorney can help you understand the benefits.  A handbook not only gives your employees required rules and regulations for your business, but it can also protect you and your business’ assets in legal battles. If you are still on the fence about implementing an employee handbook, here are a few more reasons why your small business needs one. Create a Safe Workplace Employees can utilize your handbook to learn techniques that ensure their environment remains safe. Considering there are millions Read more
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HR Compliance Dallas TX

Why HR Compliance Shouldn’t Be Overlooked in Any Business

A lot of times the Human Resource department often gets overlooked when the reality should be the opposite and a lot of attention should be placed on HR compliance in Dallas, TX. The Human Resources department has significant compliance responsibilities both inside and outside of the department. Some of the key areas of compliance for a Human Resources department are: Compensation and benefit programs Fair Labor Standards Act Civil Rights Act Disciplinary procedures Policies and procedures The legal team at Simon | Paschal can help partner with your organization’s human resources department to ensure that strong compliance is a priority. Read more
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Final DOL Overtime Regulations Released

Yesterday, the Department of Labor released the final regulations regarding the white collar exemptions for overtime compensation. We will discuss this more here and in our newsletter, but here is a quick run down of what employers need to know: The salary threshold for the white collar exemptions (administrative, executive, professional, creative) is now $913 per week (which equates to $47,476 per year) There will be automatic salary threshold increases every 3 years to maintain the salary level at the 40th percentile in the lowest-wage census region The highly compensated employee exemption salary threshold is changed to $134,004 per year There Read more
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NLRB Guidance Memo

We posted a video on our YouTube page about NLRB guidance and rules for employers in non-union settings, specifically as it relates to employee handbooks and policies and procedures in the workplace.  We said we would link the memo to our blog so you could download it and view it.  That memo is here: NLRB Memos You will want to click the link for Memo GC 15-04. If you would like to view the YouTube video we posted (or any of our other videos), you can visit our YouTube channel at Simon | Paschal PLLC Read more
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Workplace Drug Testing

Drug testing often can be a confusing area of the law for many employers.  The first thing to consider is whether you operate in an industry in which drug testing is required or regulated (i.e. trucking/transportation) or are subject to certification or licensure requirements that include drug testing (i.e. ISO, etc.).  If you are not subject to any specific drug testing requirements by virtue of your industry or any licenses/certifications, then the default rules apply (assuming you only are operating in the state of Texas since this blog post will address federal and Texas state law). As a general matter, Read more
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New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The EEOC believes the updated enforcement guidance is necessary since nearly 43% of all private sector charges filed in 2014 included retaliation claims.  While the enforcement guidance is not binding law, employers should be aware of it since it is used by the agency in investigations Read more
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EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an employee’s or ex-employee’s Charge of Discrimination.  In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement.  While many employers will utilize the services of a lawyer to draft the Read more
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Employment Lawyers Dallas TX

Employment Lawyers Dallas TX: Tips for Documenting Employee Discipline

Having employment lawyers Dallas TX working with your organization is becoming an absolute necessity in today’s complex world. Even seemingly small things such as writing an employee up for a disciplinary reason, need to be done in a concise manner. Certain protocols must be followed in the event the employee retaliates with a lawsuit against the employer. Here are some tips for documenting when conducting disciplinary action against an employee: Be consistent & specific Don’t include emotional or personal thoughts about the situation Include consequences Have employee sign and date document Give opportunity for response Make sure your organization is covering Read more
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Employment Lawyers Dallas TX

Employment Lawyers Dallas TX: Your Company Needs an Employee Handbook

Having an employee handbook for your organization is essential, and having the assistance of experienced employment lawyers Dallas TX will make sure your employee handbook includes all necessary information. If you’re the owner of a small business, you may wonder why having an employee handbook is important. Here are some reasons why: Sets the right expectations and boundaries of the employer Prevents liability issues for the employer Reduces the time spent on redundant questions Because laws are constantly changing, it’s wise to seek the advice of a skilled employment lawyer. The lawyers at Simon|Paschal have the experience you need to make Read more