Employee Privacy Rights

Hey, it’s Dustin Paschal again with Simon Paschal, PLLC for our video tip of the week. Today we’re going to talk about privacy, which is often misunderstood by employees, but we want to talk to employers about how to handle privacy. So specifically, the question we get asked a lot is, what kind of privacy rights do my employees have? Or if an employee asks us, they ask what kind of privacy rights do I have? Well, in a private employer setting, so we’re not talking about a government setting, or even a union setting, but in a private employee Read more

Responding to an EEOC Charge

Hello everyone. Paul Simon here with the law firm of Simon Paschal, PLLC. Today, we wanted to give you guys a tip on how to respond to an EEOC charge and specifically as an employer, when you receive a charge from the EEOC, they’ll oftentimes request that you provide a position statement. And what that position statement is basically the factual denials of what the complaining party has presented to the EEOC. There’s some general tips. Now again, oftentimes people will retain counsel at this point once the EEOC charge has been filed and have your lawyer respond, but that’s Read more

Is Everyone Entitled to Maternity Leave?

Hey guys, Paul Simon here with the Law Firm of Simon Paschal. Today, we’re going to talk about the term maternity leave. We’ve obviously all… We’re all familiar with that term and had friends who’ve taken maternity leave and family members as well. So what is maternity leave? Two things. First, there is no legal law that says this is maternity leave and everyone’s entitled to maternity leave. Where maternity leave actually comes from is the law known as the Family Medical Leave Act or FMLA. And that law only applies to employers who have at least 50 employees within Read more

TWC Unemployment Appeal Hearings

Dustin Paschal here again with Simon Paschal PLLC for our weekly video series. Previously we did a video on the unemployment claim process. The second stage in that process was the appeal stage where either the employee or the employer has appealed, and you’re having a telephone hearing with the TWC officer. So today what we want to do is kind of help you in that process in the event you are handling that yourself without counsel, which is perfectly normal, perfectly acceptable, and something you could easily do. To prepare for that, there is on the TWC website a Read more

Exempt v. Non-Exempt Status

Hello, Dustin Paschal here with Simon Paschal, PLLC for our weekly video tip. And today, we’re going to talk about some words or that I think are misunderstood by a lot of employers and a lot of HR professionals and they have very specific meanings, so want to touch on them. Those words are non-exempt and exempt, and why they matter is it comes into play for overtime purposes. And non-exempt means that the employee is not exempt from the overtime requirements, meaning if the employee works more than 40 hours in a work week, they’ve got to receive time Read more

The FLSA White Collar Exemptions (Executive, Professional, Administrative)

Hello everyone. Paul Simon here, with The Law Firm of Simon Paschal. On a previous video, we talked about, exempt versus nonexempt, as it relates to the overtime laws. But, today what we’re going to talk about is the white color exemptions. Now these are three exemptions. Basically, the most common exemptions that you’ll find out there in the employment world. So, those three exemptions, are the executive, the administrative, and the professional. And, we’re just going to kind of highlight the main requirements of each of these exemptions. But, understand that there’s a lot of nuances and intricacies. So, Read more

At-Will v. Right to Work

Hello everyone. Paul Simon here with law firm of Simon Paschal. Today we’re going to do a quick little video discussing the difference between the term at-will employment and right to work. As an employment lawyer, these are the two terms I hear all the time. Most of us, I think, have heard the terms but often they are misunderstood and misused. What at-will means, and Texas is an at-will state, is that both the employer and the employee have the right to leave the employment at any time for any reason. So if I’m working for someone and I Read more

TWC Unemployment Claims

Dustin Paschal here again from Simon Paschal, PLLC. Today we’re going to answer a question about the unemployment process. We get asked a lot by clients to represent them or guide them through the different parts of the unemployment process. So I wanted to touch on that today. So first let’s just kind of go through the unemployment process in terms of how it actually works. So after a separation by an employee, the employee would file an unemployment claim with the Texas Workforce Commission. You as the employer would receive notice of the claim and be given the opportunity Read more

Paid Time Off – TX Employment Law

Dustin Paschal here with Simon Paschal PLLC. We’re starting something new this year where we’re going to try to do short little video snippets answering some legal questions regarding employment law, and business law, and we’re going to post those to our YouTube page each week. So this will be the first one and we’ll do them weekly on Friday so you can get used to going and checking them out there. But here at the first the year, one of the main things that we’re doing as attorneys is handbooks, and handbook review, and handbook revision. So we get Read more