0 8739

Department of Labor Audit Checklist: Wage & Hour Audit

Employers in Texas are required to comply with federal wage and hour laws, among other laws and regulations, enforced by the U.S. Department of Labor (DOL). Audits conducted by the Department of Labor can focus on a variety of employment law issues such as wage and hour rules, workplace safety, and family and medical leave requirements. As an employer, you should know that the DOL can initiate an audit at any time. Accordingly, it is important to be prepared for a DOL wage and hour audit. The following are issues that you should consider as you put together a DOL Read more
0 61

Understanding the Whistleblower Lawsuit Against Attorney General Paxton

Who is an employer in Texas and who counts as an employee according to the Texas Whistleblower Act? Those are questions that surround the lawsuit against Texas Attorney General Ken Paxton, who is facing claims from four former aides under Texas whistleblower law. According to a recent report in the Texas Tribune, those four former aides to Paxton have alleged that “they were fired in retaliation for telling authorities they believe Paxton had done illegal favors for a political donor, Austin real estate investor Nate Paul.” The allegations made by those former aides resulted in an FBI investigation, but Paxton’s Read more
0 64

Simon | Paschal Says: Be Careful with Kindness

It’s that time again for another Simon | Paschal Says opinion column.  This opinion deals with kindness and the pitfalls employers face when they are too kind.  Before you fire off that angry email to us about how important kindness is, let us clarify what me mean by being careful with kindness.  First and foremost, we advocate an open and inclusive workplace that treats all employees with respect and treats all employees like important and valuable members of the workforce.  That is not the kindness we are talking about in this column.  The kindness you must avoid is the kindness Read more
0 81

The “Post” COVID Workplace

Anyone that has followed the news understands that COVID is not going away any time soon.  So while we think it’s important to talk about the “post” COVID workplace, it’s not really all that “post.”  That said, there are some new normals and some considerations of which all employers should be mindful. Vaccinations With the vaccination of Americans in process, many employers have questions regarding what they can and cannot do with respect to the COVID vaccine.  Employers are permitted to require employees to get vaccinated.  However, employers must make reasonable accommodations based on ADA-protected disabilities and sincerely held religious Read more
0 57

The NLRB in a Non-Union Setting

Many non-union employers fail to realize that the National Labor Relations Act still applies to them.  While the NLRA is most often applied in the union setting, at its most basic level, the NLRA protects the right of employees to engage in protected concerted activity.  Such protected concerted activity can occur in a union or non-union setting.  With that in mind, we want to go over a few of the more common situations in which the NLRA affects the non-union workplace. One of the most common affected areas is employee handbooks.  Many employers remember several years ago when the National Read more
0 269

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 year for all of us.  We have been socially isolated for much of the year.  We have dealt with the fear of contracting a virus that for much of the year was largely unknown.  We have faced tough decisions about layoffs and reductions in pay.  Read more
0 256

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 this in mind, employers should understand their options and any legal requirements. A common question we often get, and one we are getting more often at this time, is what requirements apply to employers when they begin restaffing positions that were vacant due to recent Read more
0 233

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 a few things to keep in mind. First and foremost, unless you are a governmental employee, you absolutely have the right as an employer to prohibit political discussions in the workplace.  The First Amendment right to freedom of speech does not apply to non-governmental actors.  Read more
0 244

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 case on a very simple basis – Title VII prohibits discrimination against LGBTQ 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 Read more
0 231

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 Act remains in effect through December 31, 2020.  There is potential that the current Congress or, more likely, the next Congress could either extend the law or pass further protections, but nothing is certain at this point.  It is important to keep in mind, though, Read more