Legal Blog

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Enforceability of Employment Arbitration Agreements

If you are hiring new employees or developing a new employment contract, you may be wondering if you put an arbitration agreement in the contract. For many employers, arbitration agreements are preferable for resolving employment disputes that may arise at a later date. However, it is extremely important for employers to ensure that arbitration agreements are enforceable. Generally speaking, an arbitration agreement must be in place before a dispute arises for which the employer wants to compel arbitration.   What is an Arbitration Agreement?  Arbitration is a form of alternative dispute resolution (ADR) in which an issue is presented by two Read more
Simon Paschal April 28, 2020 , , , 227 0 Read more
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Growing Use of Non-Compete Clauses in Employment Contracts

More employers are turning to non-compete clauses when drafting employment law agreements and contracts. In fact, according to a research paper in the University of Michigan Law School’s Law and Economics Research Paper Series, as of about five years ago, as many as 20% of employees who had employment contracts were bound by non-compete clauses. In another recent survey, as many as 40% of respondents reported having at least one job in the past at which they were required to sign a non-compete agreement. Why are non-compete clauses used and what should employers know about them? What is a Non-Compete Read more
Simon Paschal April 13, 2020 , , , 254 0 Read more
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DOL Releases Regulations Interpreting Families First Coronavirus Response Act

CLIENT ALERT – April 2, 2020 Yesterday, the Department of Labor released temporary regulations interpreting and explaining the new Families First Coronavirus Response Act (“FFCRA”) that went into effect April 1, 2020. The full DOL summary and regulations can be found at the following link: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf.  In addition, the IRS released guidance regarding the FFCRA tax credits.  That guidance can be found here: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs.  While we certainly encourage you to review those links in full if you have specific questions or want all the information provided, the information at those links is quite lengthy.  In an effort to provide information Read more
Simon Paschal April 2, 2020 , , , 290 0 Read more
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Info on Families First Coronavirus Response Act

CLIENT ALERT – March 24, 2020 Updated Information Regarding Families First Coronavirus Response Act As you know from our previous update, the Families First Coronavirus Response Act was passed on March 18, 2020 and goes into effect on April 2, 2020. As we indicated in that update, the Department of Labor is expected to introduce regulations interpreting and applying the new law.  The Department of Labor has indicated those regulations will be released in early April. That may sound nonsensical but read below for further information and for some preliminary guidance the Department of Labor has already issued. PRELIMINARY DOL Read more
Simon Paschal March 24, 2020 , , , 173 0 Read more
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Coronavirus, Employment Laws & the Workplace

CLIENT ALERT – March 19, 2020 What Employers Need to Know  Regarding the Coronavirus Impact on the Workplace COVID-19 (otherwise known as the coronavirus) is rapidly changing the world as we know it.  There are many important and pressing issues arising from the spread of the virus and we encourage you to stay informed via the Centers for Disease Control, the World Health Organization, and your state, county and local officials.  We also hope that each and every one of you are staying safe and not experiencing any critical issues as a result of the virus. As employment lawyers, we Read more
Simon Paschal March 23, 2020 , , , 195 0 Read more
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Understanding Background Checks and the Hiring Process

When employers are hiring a new employee, it is common for them to conduct background checks on applicants prior to making an offer or entering into an employment agreement. Yet it is essential for employers to understand what it means to be in compliance with federal and state laws concerning background checks, from gathering information related to a job applicant’s credit history to information concerning a job applicant’s criminal convictions. Federal Laws Pertaining to Background Checks If you want to run a background check on a potential employee during the hiring process, you must do so in compliance with federal Read more
Simon Paschal March 18, 2020 , , , 1256 0 Read more
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If an Employee Can Only be Fired for Cause, What Situations Apply?

Most employers in Dallas know that Texas is an “at-will” state, which means that employees can be terminated at any time and for any reason as long as the reason is not prohibited by federal or state law. For example, an employer cannot terminate an employee because of that employee’s age, sex, or race (and a host of other protected categories). However, some employees are not subject to the at-will policy of the state because they have an employment contract that states otherwise. Most often, an employee with an employment contract has a “for cause” provision in his or her Read more
Simon Paschal March 5, 2020 , , , 1321 0 Read more
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New Salary Requirements for the White Collar Overtime Exemptions

The Fair Labor Standards Act (FLSA) states that “covered employees” must receive overtime pay for those hours worked that exceed 40 hours in one workweek. In fact, the FLSA also outlines the rate of pay – one and one-half times your regular rate of pay. There are some exceptions to this rule.   The FLSA passed in 1938 and has remained a United States labor law since then. As described above, the law creates and maintains the right to a minimum wage, and “time-and-a-half” overtime pay when people work over 40 hours in a workweek. The FLSA also contains provisions to Read more
Simon Paschal February 28, 2020 , , , 1273 0 Read more
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Is Depression Covered Under the ADA (Americans With Disabilities Act)?

According to the Americans with Disabilities Act (ADA), a disability is described as any physical or mental impairment that substantially limits a major life activity. Clinical depression is considered a disability under the ADA, yet not everyone who experiences depression is protected.  Business owners should remember that just as no two people are the same, no two disabilities are either. While physical disabilities tend to be easy to recognize, mental disabilities can be difficult to identify. Generally, the ADA is applied on a case-by-case basis, so employers do have some autonomy is working within the federal law and with their Read more
Simon Paschal February 15, 2020 , , , 1267 0 Read more
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Back to the Basics: What is National Origin Discrimination?

Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate, among other protected categories, based on national origin. National origin discrimination means treating people, namely job applicants or employees, adversely because of their country of origin, because of ethnicity or accent, or because they appear to be part of a certain ethnic group, whether or not this is actually the case. National origin discrimination also includes harassment of a person because of the national origin of their spouse or other person with whom they associate.  What Does Accent Have to do With National Origin Discrimination?  Those Read more
Simon Paschal January 30, 2020 , , , 1271 0 Read more
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