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HR Compliance Dallas TX

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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 , , , 143 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 , , , , , , , 533 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 , , , , , , , 534 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 , , , , , , , , 482 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 , , , , , , , , , , , 775 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 , , , , , , , , 7514 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 , , , , , , , , 748 0 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
Simon Paschal July 30, 2022 , , , , , , , , , , 1295 0 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
Simon Paschal July 18, 2022 , , , , , , , , , , 670 0 Read more
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Back to the Basics: What is the Independent Contractor Test in Texas?

Texas employers are required to classify workers properly as employees or independent contractors in order to remain in compliance with state and federal law. Texas employers have a range of responsibilities concerning employees, but those same responsibilities do not apply to independent contractors. Misclassification can result in penalties and legal issues for employers, so it is critical to ensure that workers are accurately classified. What is the independent contractor test in Texas? According to the Texas Workforce Commission (TWC), there are various independent contractor tests in existence, including an “economic reality” test that is commonly used by the U.S. Department Read more
Simon Paschal June 30, 2022 , , , , , , , , 1039 0 Read more
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