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A Season of Change for Human Resources

On Saturday, June 20, we marked the official start of summer.  That day is known as the summer solstice, the longest day of the year and the day on which the sun reaches its highest and northernmost points in the sky.  With the start of summer, we close out spring and we turn to thoughts of pool parties, backyard cookouts, and summer vacations.  This summer, though, has a different feel and a different approach in light of COVID-19; and with the start of this particular summer, we look back on a monumental spring of change for Human Resources professionals everywhere. Read more
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US Supreme Court Issues LGBT Discrimination Decision

On June 15, 2020, the U.S. Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBT workers. Justice Gorsuch authored the majority opinion and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan. The majority decided the case on a very simple basis – Title VII prohibits discrimination against LGBT workers because such discrimination is discrimination based on sex. The relevant language from Justice Gorsuch’s opinion below explains: “An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a Read more
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Employer Guidelines for the Exit Interview

While there is no law in Texas that requires an employer to conduct exit interviews for departing employees, many businesses do so anyway. The exit interview can provide valuable insights into the employee experience and can pave the way for a company’s future growth and improvement. The guidelines below are best practices for employers to use during the exit interview in order to leave your employee with a positive impression of your company and to avoid getting into any legal trouble. If you would like more information on how to best conduct an exit interview, contact the attorneys at Simon Read more
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Potential Pitfalls of BYOD Policies

  With the tremendous growth in ownership of personal technology, bring-your-own-device (BYOD) policies are more common in the workplace today than ever before. While it is possible for a company to operate effectively while allowing their employees to use their personal computers and phones for work, it is vital to consider the potential pitfalls that come with BYOD policies. If you need help implementing a workplace BYOD policy, the employment law attorneys at Simon Paschal can assist you. Security, Hardware Control & Rogue Devices One of the main benefits of a BYOD policy is that employees are allowed to use Read more
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Texas Workers’ Compensation Essentials

What Employers Need to Know About Workers’ Compensation in Texas Each state has its own workers’ compensation laws, and Texas is no exception. Workers’ compensation laws are designed to aid workers who are injured at work with their medical bills and other damages incurred as a result of the accident. Below is a brief overview of the key points you should know about workers’ compensation laws in Texas. Not Every Employer in Texas is Required to Carry Workers’ Compensation In Texas, workers’ compensation coverage is an elective coverage, which means that all private employers have the option to provide workers’ Read more
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Most Misunderstood COBRA Components

  As workforces evolve, it is imperative for employers to stay abreast of fluctuating healthcare mandates, and changes in employment law as they are introduced. Signed into law by President Reagan in 1985 and effective April 7, 1986, the Consolidated Omnibus Budget Reconciliation Act (COBRA) establishes insurance continuity for workers paying premiums under group policies. When an employee leaves the company, an employer will provide the same level of insurance for a predetermined number of days, months or years. Between the original COBRA Act, and the several additions by the Obama administration, many components of this law may be misunderstood. Read more
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USERRA & Employer Compliance Requirements

Servicemen and women are often called away from their place of employment to deploy overseas, to engage in domestic military exercises, or to attend weekend training. Under USERRA, or Uniformed Services Employment and Reemployment Rights Act of 1994, employers are required to honor the commitments of military personnel without prejudicial treatment upon their return. All employers who employ military men and women must adhere to the following basic regulations USERRA sets forth. Note that terminating an employee in Texas who is affiliated with the United States Military without showing cause may come with hefty fines and other civil liabilities. The Read more
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Employing Minors in Texas

Employing a person younger than the age of 18 requires adherence to a specific set of labor laws, referred to as Texas Child Labor Law. The law is not there to prohibit or impede the hiring of minors; rather, child labor laws protect the safety and rights of minors in the workplace. Learn Age- and Hour-Appropriate Hiring Rules The minimum age for employment, with a few exceptions, is 14 years old. Exceptions to the rule include working for a business owned by the child’s parents or neighborhood newspaper delivery. A child as young as 11 years old can have a Read more
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Handling Layoffs with Compassion

Proactive management is essential when a company faces the harsh reality of having to lay off members of its workforce. A transition process needs to consider the members who are separating from the team and those who are staying behind. Develop an Overall Strategy A comprehensive strategy should be developed as soon layoffs become necessary. The process should include the following components: The process of selecting which employees to lay off is a delicate matter that you must handle with great discretion. You should make these decisions behind closed doors, and managers must understand the importance of keeping the matter Read more
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Employing Interns in Texas

This time of year, many organizations start interviewing potential candidates for summer internships. Internships can be valuable both for interns and business owners. In exchange for work, interns can acquire on the job skills In many organizations, questions will arise over issues such as the number of hours an intern will work and whether or not an intern should be paid. It’s important to note that these decisions are not left up to the organization. The US Department of Labor’s Fair Labor Standards Act addresses this issue and sets criteria that companies must use to determine whether or not an Read more