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Can a Misclassified Independent Contractor Sue the Employer?

Is a worker an employee or an independent contractor? You may think this is a silly question, but it is not. Independent contractor classification is popular among employers looking to save a few bucks. By classifying an employee as an independent contractor, an employer does not have to abide by minimum wage or overtime laws. They also save on payroll taxes and benefits. As you can see, taking all these costs together, classifying a worker as an independent contractor can mean big savings for employers. However, it could also mean huge problems if the worker is misclassified. Employers who misclassify Read more
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Can I Be My Own Registered Agent? (Everything you need to know)

Do you want to be your own registered agent but aren’t sure if it’s possible—or even allowed?  You’re not alone – many entrepreneurs and small business owners wonder the same thing! Yes, you can be your own registered agent—but let’s take a look to see if that makes sense for your business.  There are several factors to consider before making that decision. In this blog post, we’ll break down everything you need to know about being a registered agent (for yourself or using a service), from understanding why it matters to deciding what’s the best choice for you.    What Read more
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What is the “Cat’s Paw” Theory of Liability When it Comes to Retaliation?

Just like any community, the workplace is subject to conflict.  Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker.  Employers are advised to exercise caution with employee complaints to avoid being burned by the Cat’s Paw theory of liability. What Is the Cat’s Paw Theory of Liability? The Cat’s Paw theory of liability is based on the fable in which a monkey tricks a cat into pulling chestnuts from a fire. Read more
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Wage Transparency Laws: How Do They Affect Texas Employers?

Once upon a time, employers commonly discouraged or even prohibited their employees from discussing their wages and benefits amongst themselves.  But today, the law is on the side of the employee.  The National Labor Relations Act, which applies to both union and non-union employees, makes it against the law for employers to forbid employees from discussing wages and other terms and conditions of employment with each other. Now, new laws in some states require certain employers to make some wage and benefits information, that used to be kept under wraps, available.  What do these laws require and how does this Read more
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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
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Medical Marijuana — Handling Drug Testing & Accommodation Requests in Texas

Employers in Frisco and throughout Texas routinely interview, hire, and employ workers who are either currently eligible to use medical marijuana or who may be eligible to use medical marijuana in the future. As an employer in Texas, you may be wondering about your rights and responsibilities concerning medical marijuana. For example, can you require drug testing for your employees, and can you take adverse action against employees who test positive for marijuana, even if they are lawfully permitted to use medical marijuana in Texas? Or, for instance, are you required to grant accommodations to employees who qualify for medical Read more
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CROWN Act Ordinance Passes in Austin, TX

Employers in Texas should know that Austin has become the first city in Texas to pass the CROWN Act. The passage of this law will have important employment law implications in the state. Our Frisco employment law attorneys can provide you with more information about the CROWN Act, including what it is intended to do and how it can impact employers and businesses in Texas. If you have questions or if you need more information about your legal responsibilities as an employer, it is crucial to seek advice from a lawyer who can ensure that you are in compliance with Read more
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Avoid Discriminatory Filters Using AI Tools in Employment Searches

Texas employers who are planning to hire new employees may be considering the use of artificial intelligence (AI) technology to assist in the hiring process. According to an article in Risk Management, AI technology provides several benefits to employers in many different fields and industries. As that article explains, “some of the applications include employee recruitment and hiring, with AI promising to bring increased efficiency, lower costs, and better candidates to companies that employ technology in recruiting and hiring.” Unfortunately, some AI tools can be discriminatory and may open your business to liability to employment discrimination claims. One problem with Read more
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What is a Non-Solicitation Agreement & Should They Be Used in Employment Contracts?

Businesses in Texas need to be able to protect their company interests, including trade secrets and carefully built relationships with customers and clients. Accordingly, many businesses seek to include certain restrictions in employment contracts that limit what employees can do and how they can share information from the business. These are known as “restrictive covenants.” One common type of restrictive covenant is the non-solicitation agreement, which is designed to prevent an employee from leaving the business and taking clients or customers with them when they leave. If you own a business in Texas, it is important to understand what a Read more
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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