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How to Respond to an Employment Discrimination Complaint

If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond?  It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain in compliance with state and/or federal law. The TWC provides details for businesses and employers on how to respond to employment discrimination complaints made to the agency, and our Frisco employment law attorneys can provide you with more information. Understand Why an Employment Discrimination Complaint Read more
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Could You Discriminate Unintentionally When Using AI for Hiring?

Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business is currently using AI for recruiting and hiring, or if you are considering the possibility of relying on AI to recruit or hire new workers, do you need to be concerned about the possibility of AI-related discrimination against women or minorities? According to an article Read more
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New Requirements for Federal Contractors in 2022

Employers in Texas engaged in work as federal contractors or subcontractors need to learn about new employment law requirements affecting federal contractors in 2022. If your business takes on federal contracts or is classified as a federal contractor, you might already be familiar with certain requirements from 2021. Yet there is more to be aware of in 2022. Beginning in 2022, there are new requirements for federal contractors, and Texas businesses need to know what to do in order to remain in compliance. Our Frisco employment law attorneys can speak with you today about any compliance questions you have. In Read more
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Workers’ Comp for Employees with Side Effects from Mandated COVID-19 Vaccines

Many employers in Texas are requiring employees to have COVID-19 vaccines in order to do their jobs. If your business has made vaccines mandatory as a condition of employment, then you should know that it is possible for an employee to seek workers’ compensation benefits for an adverse reaction to, or side effects from, a COVID-19 vaccine. In addition, the Texas Department of Insurance has made clear that employers have a duty to report adverse reactions in a manner similar to reporting other workplace illnesses or injuries, although making such a report does not necessarily mean that the employee will Read more
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5 New Texas Workplace Laws Passed by Texas Lawmakers in 2021

Many new Texas state laws were passed in 2021. A number of those laws may affect employers, including both their rights concerning business practices and responsibilities to employees. If you have any questions about compliance with Texas business or employment law, one of our experienced Frisco attorneys will be glad to help.  In the meantime, take a look at this review of five new workplace laws passed by Texas lawmakers in 2021. Law Providing Enhanced Protections for Active-Duty Service Members Texas Governor Greg Abbott signed SB 484 into law, and the law took effect on September 1, 2021. The law Read more
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Wage Deductions: Can I Dock Costs from Employee Wages?

Texas employers may be able to make deductions from employee wages under certain circumstances, but it is essential for employers to know that they must do so in compliance with the federal Fair Labor Standards Act (FLSA) and the Texas Payday Law. Under federal and state law, certain types of deductions are always permitted, while others may be permitted in Texas if an employer obtains written employee authorization. Then, some types of deductions are never permitted, even if an employee authorizes such a deduction in writing. The Frisco employment law attorneys at Simon Paschal PLLC can assist your business with Read more
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Minimum Wage and Overtime Exceptions: Understanding the Outside Sales Exemption

Employers in Texas and throughout the U.S. are required to pay employees a minimum wage unless they are exempt. Under the Fair Labor Standards Act (FLSA), there are a wide variety of workers who may be exempt, which means the employer is not required to pay the minimum wage and/or overtime compensation. However, it is important for employers to understand, as the U.S. Department of Labor (DOL) explains, that “exemptions are narrowly construed against the employer asserting them,” and the “ultimate burden of supporting the actual application of an exemption rests on the employer.” Common exemptions include commission sales employees, Read more
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When Should We Update Our Employment Handbook and Policies?

It is important for all Texas businesses to have employment handbooks and policies, and to ensure that these materials are updated regularly. You might initially assume that once your company’s employment handbook and workplace policies are created, they only need updating when there are obvious changes to be made. However, a smarter strategy is to review and if necessary, update these materials on an annual basis at the very least, and sometimes with more frequency. So, when should you update your business’ employment handbook and policies? Our firm has some tips to guide you. Review Your Employment Handbook and Policies Read more
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Complying with Posting Requirements for Remote Workers

Employers in Texas must comply with requirements to provide employees with notices concerning their rights and workplace safety issues through posters. These posters are designed to provide employees with information about their rights under both Texas state and federal law. Failure to display one or more of the required posters can result in liability for an employer. Yet understanding how these poster requirements work for remote or work-from-home employees can be complicated. Our experienced Dallas employment lawyers have information to help your business remain in compliance with state and federal law regardless of whether you have employees in the physical Read more
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Texas’s New Sexual Harassment Laws- What Employers Should Know

Two employment law bills recently took effect in Texas on September 1, 2021, that expand certain protections for employees in Texas workplaces. The bills, SB 45 and HB 21, expand protections to employees specifically concerning sexual harassment in the workplace under the Texas Labor Code, allowing more employees to have eligibility to file a claim and giving employees a longer statute of limitations for these types of claims. The laws are specific to sexual harassment in the workplace and do not extend other types of employee protections in the workplace. Employers in Texas should learn more about the changes to Read more