Legal Blog

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Can I Require Employees to Wear Masks or Other Equipment?

** This post was originally made in May 2020 but has been updated due to recent changes.  Be aware that as a result of the fluid situation involving COVID-19, the below is up to date as of late June 2020.  Things could change that affect the below.  We will do our best to update but want to make sure you are aware of this fact. Whether you have kept your business open during the coronavirus pandemic as an essential business or you are just beginning to make plans to reopen and to bring employees back to the workplace, it is Read more
Simon Paschal May 18, 2020 , , , 440 0 Read more
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The SP Opinion: Reconsider Progressive Discipline

Progressive discipline dates back almost 100 years and is considered standard procedure for the vast majority of employers.  If you fall in the majority, have you stopped to consider why you use a progressive discipline policy and whether it is time for a change? The idea of a progressive discipline policy is to give employees warnings of wrongdoings so that they can correct their deficiencies and have no further issues in the future.  Providing an employee a second or third chance makes common sense.  Perhaps the employee did not realize they were doing anything wrong or just the age old Read more
Simon Paschal April 28, 2020 286 0 Read more
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Planning for the Return to Work

While no one knows when the local, state, and federal governments will allow all employees to return to the office and conduct business as “normal,” we do know that at some point in that future that will occur.  Anticipating now the issues you’ll face as you consider bringing back employees is critical to ensuring a smooth transition. When and How to Bring Back Current Employees  The first thing to begin planning is when and how to bring back your current employees.  This will include deciding whether your employees that are working from home currently will continue working from home or Read more
Simon Paschal April 28, 2020 413 0 Read more
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Safe Place to Work? Issues to Consider with Your Remote Workers

In March, numerous businesses were forced to close their physical offices and create work from home opportunities for their employees to ensure efficient operations continued.  For some companies that had already converted to a virtual remote workspace, this transition was easy.  For the majority of businesses, however, this was unexpected and presented numerous growing pains.  Whether you consider this work from home situation temporary or you are considering making it more permanent, there are several issues you should consider when it comes to ensuring a safe workplace for your remote workers. The Occupational Safety and Health Administration (OSHA) has issued Read more
Simon Paschal April 28, 2020 365 1 Read more
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Dallas Paid Sick Leave Update

On the eve of the first day of enforcement for the Dallas Paid Sick Leave law, Judge Sean Jordan of the U.S. District Court of the Eastern District of Texas issued a temporary injunction stopping application and enforcement of the law.  So what does this mean for companies with employees that were subject to the Dallas Paid Sick Leave law? Until the lawsuit in the Eastern District court is resolved at trial, the City of Dallas is prohibited from enforcing the sick leave law.  Employers currently can operate as if the law was never enacted.  That said, the court only Read more
Simon Paschal April 28, 2020 272 0 Read more
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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 , , , 558 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 , , , 410 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 , , , 542 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 , , , 332 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 , , , 423 0 Read more
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