Legal Blog

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Problems and Pitfalls with Workplace Investigations

Human resources managers and others involved in operations for businesses of all sizes often are tasked with performing investigations to determine if wrongdoing has occurred in the workplace. When addressing allegations of misconduct, employers and their representatives should approach complaints and investigations in a fair and objective manner. This can be easier said than done, at times. Problems and pitfalls can easily arise in these already sensitive situations; how an employer deals not only with the original problem but also with any new issues that crop up along the way can determine the investigation’s success and greatly can affect company Read more
Simon Paschal July 22, 2019 , , , 1121 0 Read more
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Is Docking an Employee’s Pay OK?

Employers use a variety of tools to manage their workers. Sometimes, employers choose to institute deterrents in the form of reductions in pay (docking) for unproductive habits or inappropriate behaviors in the workplace. While employers do have the ability to increase and decrease wages, when an employee’s pay is docked as punishment, employers might be breaking the rules outlined in the Fair Labor Standards Act (FLSA). This determination is most important depending upon if the employee is considered exempt or non-exempt. The FLSA determines wage and hour laws for nonexempt employees. For example, employers must pay nonexempt employees at least Read more
Simon Paschal June 27, 2019 , , , 1240 0 Read more
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New TWC Rule Reclassifies App-Based Company Workers

The Texas Workforce Commission has approved a controversial new rule applicable to “gig economy” workers that would change regulations for app-based companies that hire contractors.  In a “gig economy” (a.k.a. “freelancer economy” or “sharing economy”) workforce conditions are such that short-term jobs and temporary contracts are common.  This new TWC rule change is particularly impactful for those who work for companies such as Uber, Lyft, DoorDash and the like offering home repair, food delivery, and ride-share services through digital apps. The rule, passed by the Texas Workforce Commission despite significant public opposition, would classify these workers as independent contractors. This Read more
Simon Paschal June 17, 2019 , , , 1095 0 Read more
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Are Managers Ever Personally Liable for Wage & Hour Violations?

While companies break wage and hour laws all the time, depriving their employees of the earnings they deserve, the fault does not always lie with the company alone. A manager can be held personally liable if his or her company fails to adhere to the Fair Labor Standards Act’s regulations regarding overtime and minimum wage rules. Under the Fair Labor Standards Act (FLSA), the definition of “employer” includes “any person acting directly or indirectly in the interest of an employer in relation to an employee.”  Personal liability attaches to a manager when both the company and the manager are found Read more
Simon Paschal May 31, 2019 , , , 1191 0 Read more
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Tips to Avoid an Age Discrimination Lawsuit

The Age Discrimination in Employment Act (ADEA) is a federal law prohibiting employers from discriminating against employees and job applicants 40 years old or older on the basis of their age. The ADEA applies to job advertisements, interviews, hiring practices, wages, promotions, disciplinary actions, job evaluations, job assignments, and termination. For a private business to be subject to ADEA, it must have at least 20 employees. However, the rules outlined by the law should be followed by smaller employers in order to avoid the question altogether. Furthermore, Texas employers are subject to Chapter 21 of the Texas Labor Code which Read more
Simon Paschal May 20, 2019 , , , 1116 0 Read more
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Types of FLSA Audits: Position Audits and Compliance Audits

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting full and part-time employees. The Wage and Hour Division of the Department of Labor is entrusted to enforce the rules and regulations of the FLSA and has the authority to investigate an employer’s policies, practices, procedures, and other related documents, as well as interview employees to determine if the employer is in compliance with regulations. In order to ensure compliance, employers are encouraged to participate in internal FLSA audits. Knowledgeable employment law attorneys like those at Simon Paschal PLLC can help your Read more
Simon Paschal April 30, 2019 , , , 1086 0 Read more
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What to do if an Employee is Abusing FMLA

The Family and Medical Leave Act (FMLA) requires that certain employers (those with 50 or more employees) allow their eligible employees to take covered unpaid medical or caregiver leave. While FMLA can be a great tool for employers and employees alike, sometimes employees take advantage of the Act in order to avoid or minimize work. As an employer, do you know what your options are if you suspect an employee is abusing the FMLA? Options for Preventing FMLA Abuse Nothing prevents employers from ensuring that their employees are not abusing FMLA leave, and employees found misusing FMLA leave can be Read more
Simon Paschal April 16, 2019 , , , 1150 0 Read more
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Should Employers be Able to Ban Employees from Using e-Scooters at Work?

In Austin, Dallas, and other major metropolitan areas throughout Texas, the use of e-scooters by employees is on the rise. As an employer, it is critically important to understand the growing phenomenon of e-scooters as a means of transportation, your potential liability as an employer, and how to minimize your risks when employees choose to use e-scooters to get around. The expert employment law attorneys at Simon Paschal in Dallas have experience helping employers navigate this new issue affecting businesses and their employees. The Growing Use of e-Scooters The use of e-scooters in major cities is a relatively new, but Read more
Simon Paschal March 28, 2019 , , , 1249 0 Read more
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Limitations on Testing Employees for Marijuana Use

With the ever-evolving laws regarding marijuana use across the country, Texas employers may have questions about testing employees for use of the substance. While many states have legalized marijuana for medicinal and recreational use, Texas continues to ban its use except in extremely limited circumstances. Federal and state laws also give considerable latitude to employers who would like to test their employees for marijuana use. It’s understandable that employers might have questions and concerns about employees’ use of this drug and its potential effect on their businesses. Texas Marijuana Laws Texas has no law that legitimizes the use of marijuana Read more
Simon Paschal March 15, 2019 , , , 1126 0 Read more
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The Legality of Pre-Employment Medical Exams

As an employer, some roles within your company may require employees who meet certain health and medical criteria. Jobs that involve lifting heavy objects, manual labor, and other physical tasks mandate a certain type of employee, and even less labor-intensive tasks at your company may require a specific standard of health and wellness. As an employer, it is important to understand the rules and regulations surrounding pre-employment medical exams and how it may affect employment at your organization. The experienced employment attorneys at Simon Paschal can help you navigate this complicated issue and other legal matters that impact your business. Read more
Simon Paschal February 28, 2019 , , , 1115 0 Read more
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