Legal Blog

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Understanding Overtime Salary Cutoff Rules in 2020

If you run a business in Texas and have employees, it is critical to learn more about the new Department of Labor overtime rule that changes the way overtime pay is handled for many employees. The new rule took effect on January 1, 2020, and it remains in effect. What does the new rule do? In short, it changes the salary threshold for overtime pay exemptions. If employees do not meet the salary threshold outlined in the new rule, the employer must classify them as non-exempt and must pay overtime hours for any hours worked beyond the 40-hour workweek. In Read more
Simon Paschal October 29, 2020 , , , , 850 0 Read more
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Does Remote Work Increase Risk of Wage/Hour Claims?

The onset of COVID-19 in the United States has resulted in many workplaces shifting to a partial or completely remote workplace, which means that many employees are now working from home when they were not prior to the pandemic. Shifting to a work-from-home model can have many complications for employers, including wage and hour issues. If your business has some or all of its employees working remotely, you may be wondering about wage and hour claims and whether remote work can result in an increase in these kinds of claims. Generally speaking, wage and hour claims for telecommuting employees tend Read more
Simon Paschal October 22, 2020 , , , , 665 0 Read more
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Simon | Paschal Says: A Time for HeaRt

This may seem like a funny thing to hear employment lawyers say, but now more than ever it is time for Human Resources to truly exhibit HeaRt.  Our capitalization and bolding of the word heart are intentional because as the great Michael Scott would say, “HR is in the word.” 2020 has been a tough year for all of us.  We have been socially isolated for much of the year.  We have dealt with the fear of contracting a virus that for much of the year was largely unknown.  We have faced tough decisions about layoffs and reductions in pay.  Read more
Simon Paschal September 29, 2020 , , , , , , , , 329 0 Read more
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Personnel Actions: Layoffs & PTO

As businesses and employers are getting a better handle on their staffing needs after several roller coaster months of COVID-19, the fortunate businesses are facing decisions about bringing people back to work who had previously been laid off and also addressing paid time off of employees that may not have utilized much of it.  With this in mind, employers should understand their options and any legal requirements. A common question we often get, and one we are getting more often at this time, is what requirements apply to employers when they begin restaffing positions that were vacant due to recent Read more
Simon Paschal September 29, 2020 , , , , , , , 315 0 Read more
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Election Season Considerations

2020 is the year that everything that could possibly happen…happened.  It seems only normal, then, that 2020 is also the year of a U.S. Presidential election.  No matter where you stand as an HR professional on the political spectrum, you must navigate the election season in the workplace.  With that in mind, let’s discuss just a few things to keep in mind. First and foremost, unless you are a governmental employee, you absolutely have the right as an employer to prohibit political discussions in the workplace.  The First Amendment right to freedom of speech does not apply to non-governmental actors.  Read more
Simon Paschal September 29, 2020 , , , , , , , , , , , 289 0 Read more
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Supreme Court Update

While many of us were focused on COVID-19 over the summer, the United States Supreme Court issued three major decisions affecting the workplace.  Here is what you need to know. LGBTQ Protections The Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBTQ workers.  The majority decided the case on a very simple basis – Title VII prohibits discrimination against LGBTQ workers because such discrimination is discrimination based on sex.  The relevant language from Justice Gorsuch’s opinion below explains: An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because Read more
Simon Paschal September 29, 2020 , , , , , , , , , , 301 0 Read more
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COVID-19 Update

As the COVID-19 pandemic continues throughout the country, employers have continued to adapt and “change” has become the norm.  Now is a good time to take stock of where we are and what employers need to know about COVID-19 in the workplace. Families First Coronavirus Response Act As a reminder, the Families First Coronavirus Response Act remains in effect through December 31, 2020.  There is potential that the current Congress or, more likely, the next Congress could either extend the law or pass further protections, but nothing is certain at this point.  It is important to keep in mind, though, Read more
Simon Paschal September 29, 2020 , , , , , 282 0 Read more
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Lawsuit Claims Violation of FFCRA

Employers in Texas should be aware of a recent lawsuit in which an employee alleged that her employer violated the Families First Coronavirus Response Act (FFCRA). Even if you are an employer that is too large to be covered by the FFCRA, this lawsuit is particularly important for you to learn about in more detail. The FFCRA is only supposed to apply to employers with fewer than 500 employees, yet the recent lawsuit involves Kroger Co., an employer that employs more than 500 employees that, in theory, should not be covered by the FFCRA. However, the recent lawsuit suggests that, Read more
Simon Paschal September 29, 2020 , , , , 701 0 Read more
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Can Employers Require Employees to Self-Quarantine?

If you own a business and you are preparing to bring employees back to work in-person in the Dallas area, or if you already have employees working in-person at your business, you may have questions about your rights as an employer based on COVID-19 exposure and risks. In other words, you might be wondering whether you can take certain actions in order to prevent employees from spreading COVID-19 in the workplace or putting other employees at risk. So, can employers require employees to self-quarantine? In short, the answer is likely “yes,” in terms of requiring the employee to stay away Read more
Simon Paschal September 14, 2020 , , , , 485 0 Read more
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How Does Sabine Pilot Service v. Hauck Apply to Current Legal Issues?

In 1985, the Supreme Court of Texas decided the case of Sabine Pilot Service, Inc. v. Hauck. The ruling has become a significant one for employers in Texas because it concerns an employee who filed a claim against his employer after he refused to commit an illegal act. The Texas Supreme Court established a limited exception to the employment-at-will doctrine used in the state of Texas. Specifically, the Court clarified that an employee can have a valid claim against an employer, even when that employee is an at-will employee, if the employee has been terminated for refusing to perform an Read more
Simon Paschal August 26, 2020 , , , , 579 0 Read more
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