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Back to the Basics: What is the Independent Contractor Test in Texas?

Texas employers are required to classify workers properly as employees or independent contractors in order to remain in compliance with state and federal law. Texas employers have a range of responsibilities concerning employees, but those same responsibilities do not apply to independent contractors. Misclassification can result in penalties and legal issues for employers, so it is critical to ensure that workers are accurately classified. What is the independent contractor test in Texas? According to the Texas Workforce Commission (TWC), there are various independent contractor tests in existence, including an “economic reality” test that is commonly used by the U.S. Department Read more
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Understanding New Federal Law on Arbitration in Sexual Harassment Cases

Employers in Texas need to know about a new federal law that bans mandatory arbitration in sexual harassment cases. The new law applies to various types of sexual harassment claims, including those that occur in the context of employment. President Biden signed the law on March 3, 2022, and the law took effect immediately. It is entitled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” It is an amendment to the Federal Arbitration Act (FAA). How will this law apply to your workplace, and what do you need to know about your responsibilities as an employer Read more
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Texas Labor Code Chapter 22

What do employers in Texas need to know about Texas Labor Code Chapter 22? This law prohibits discrimination against employees for evacuating during an emergency, and business owners in Frisco and throughout the state of Texas must have a clear understanding of their responsibilities and obligations to employees. Our Frisco employment lawyers can provide you with the information you need to ensure that you remain in compliance with Texas law. Discrimination Prohibited During Emergency Evacuation The language in the Texas Labor Code expressly states: “An employer may not discharge or in any other manner discriminate against an employee who leaves Read more
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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