0 16

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 11

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 11

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 13

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 14

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
0 252

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
0 367

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
0 1142

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
0 1125

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
0 1128

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