0 156

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
0 175

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
0 167

Legality of Workplace Monitoring & Surveillance

If you pay employees to do a job and provide a place for them to do it, the assumption is while they’re on the clock, they’ll be doing it. Unfortunately, that’s not always the case. Employers use workplace surveillance systems not only to be sure employees are working but also to maintain workplace safety, to ensure quality control standards are observed, and to prevent crime. But what about employees’ privacy concerns? What is allowed with regards to workplace monitoring and surveillance? Why Companies Monitor Employees Organizations have more to lose than just productivity. Common concerns involve the following: The potential Read more
0 173

Creating an Office Fraternization Policy

If only good management just involved helping employees be productive. One of the biggest challenges facing leadership is managing the relationships co-workers have with each other. Your business should already have a sexual harassment policy, but that doesn’t cover other types of relationships that may cause problems. Let employees know company expectations for workplace behavior to clarify what is acceptable and what’s inappropriate. Whatever your choice about the acceptability of workplace relationships, you should have a written policy. Fraternization Dangers A fraternization policy is sometimes called a dating policy, because it involves romantic relationships between employees. Some employers think what Read more
0 145

Establishing a Performance Improvement Plan

When an employee fails to live up to your performance requirements, it is in everyone’s best interest to open communication with them to address the situation. A performance improvement plan (PIP), also known as a performance action plan, can be an effective way to allow employees to make changes needed to correct problems, overcome deficiencies, and improve their performance. If necessary, a failed or unsuccessfully completed PIP may also be used as evidence or support in any ultimate disciplinary action, including termination. Ideally, a PIP should only be used to address performance deficiencies. Behavior problems should be addressed through discipline Read more
0 112

OSHA’s Injury & Illness Prevention Policy

Workplace injuries and illnesses cost businesses in the United States billions of dollars every year and devastate the lives of the victims and their families. To address this problem, the U.S. Government created the Occupational Safety and Health Act (OSHA) in 1970. A year later, the Occupational Safety and Health Administration was created. Workplace Injuries and Fatalities Although OSHA has helped decrease the number of occupational injuries and illnesses, workplace injuries are still a serious problem. The DOL’s Bureau of Labor Statistics reports the following recent workplace accident statistics: Nearly 5,200 U.S. workers were killed on the job in 2016. Read more
0 95

Simon | Paschal PLLC Receives Several Accolades in 2017

It was a busy 2017 and some of the “PR” for the firm fell through the cracks.  Now that we have started a new year, we wanted to take a brief moment to highlight some of the accolades from 2017.  As a firm, Simon | Paschal PLLC was awarded a “Best of Business Award” by Frisco Style Magazine in the category “Giving Back to the Community.”  Business coach Rich Allen and a panel from Frisco Style Magazine selected our firm based on the extensive community service by partners Paul Simon and Dustin Paschal.  As part of the award, Simon | Read more
0 657

Texas Holiday Policy

    Monday, January 15, 2018 has been designated as a US Federal holiday to commemorate the birthday of Dr. Martin Luther King, Jr. While most national, state, and local government offices close in observance of this holiday, many private employers do not. Those who wish to observe this holiday must use paid time off (if they receive this benefit) or take unpaid leave.  On that note, we thought this was a good time to discuss Texas holiday laws.   Are Paid Holidays Required?   There are no federal or state laws requiring Texas employers to observe holidays, and employers Read more
0 653

DOL Alters Intern Test

    With the start of the Trump Administration, we anticipated numerous changes and alterations to employment laws.  That expectation has occurred and we have already seen several changes, including adjustments to the joint employer test and relaxed NLRB guidance regarding employee handbooks.   The changes continued on January 5, 2018.  On that day, the Department of Labor issued a press release in which it indicated it was abandoning the previous six-part test used to determine whether an intern is subject to federal minimum wage and overtime laws (i.e., whether the intern is classified as an “employee” under the FLSA).  Read more
0 630

Performing Applicant Background Checks in Texas

Texas Background Check Laws Employers make huge investments in their employees. Therefore, it is in their best interest to thoroughly evaluate applicants to the fullest. Increasingly, this evaluation process may include a background check, to determine if the applicant has a criminal record. This becomes especially important when the candidate will be exposed to sensitive information, high-value assets, or vulnerable populations. But, there are limits to what employers can do. So, what can an employer do to check out prospective employees without violating their rights? Are Some Employers Required by Law to Perform a Background Check? Most employers can perform Read more