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FLSA

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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 , , , , , , 231 0 Read more
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Could You Discriminate Unintentionally When Using AI for Hiring?

Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business is currently using AI for recruiting and hiring, or if you are considering the possibility of relying on AI to recruit or hire new workers, do you need to be concerned about the possibility of AI-related discrimination against women or minorities? According to an article Read more
Simon Paschal April 30, 2022 , , , , , , 506 0 Read more
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Workers’ Comp for Employees with Side Effects from Mandated COVID-19 Vaccines

Many employers in Texas are requiring employees to have COVID-19 vaccines in order to do their jobs. If your business has made vaccines mandatory as a condition of employment, then you should know that it is possible for an employee to seek workers’ compensation benefits for an adverse reaction to, or side effects from, a COVID-19 vaccine. In addition, the Texas Department of Insurance has made clear that employers have a duty to report adverse reactions in a manner similar to reporting other workplace illnesses or injuries, although making such a report does not necessarily mean that the employee will Read more
Simon Paschal March 30, 2022 , , , , , , 576 0 Read more
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5 New Texas Workplace Laws Passed by Texas Lawmakers in 2021

Many new Texas state laws were passed in 2021. A number of those laws may affect employers, including both their rights concerning business practices and responsibilities to employees. If you have any questions about compliance with Texas business or employment law, one of our experienced Frisco attorneys will be glad to help.  In the meantime, take a look at this review of five new workplace laws passed by Texas lawmakers in 2021. Law Providing Enhanced Protections for Active-Duty Service Members Texas Governor Greg Abbott signed SB 484 into law, and the law took effect on September 1, 2021. The law Read more
Simon Paschal March 15, 2022 , , , , , , 500 0 Read more
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Wage Deductions: Can I Dock Costs from Employee Wages?

Texas employers may be able to make deductions from employee wages under certain circumstances, but it is essential for employers to know that they must do so in compliance with the federal Fair Labor Standards Act (FLSA) and the Texas Payday Law. Under federal and state law, certain types of deductions are always permitted, while others may be permitted in Texas if an employer obtains written employee authorization. Then, some types of deductions are never permitted, even if an employee authorizes such a deduction in writing. The Frisco employment law attorneys at Simon Paschal PLLC can assist your business with Read more
Simon Paschal February 15, 2022 , , , , , , 741 0 Read more
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Minimum Wage and Overtime Exceptions: Understanding the Outside Sales Exemption

Employers in Texas and throughout the U.S. are required to pay employees a minimum wage unless they are exempt. Under the Fair Labor Standards Act (FLSA), there are a wide variety of workers who may be exempt, which means the employer is not required to pay the minimum wage and/or overtime compensation. However, it is important for employers to understand, as the U.S. Department of Labor (DOL) explains, that “exemptions are narrowly construed against the employer asserting them,” and the “ultimate burden of supporting the actual application of an exemption rests on the employer.” Common exemptions include commission sales employees, Read more
Simon Paschal February 3, 2022 , , , , , , 537 0 Read more
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