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Wage Deductions: Can I Dock Costs from Employee Wages?

Texas employers may be able to make deductions from employee wages under certain circumstances, but it is essential for employers to know that they must do so in compliance with the federal Fair Labor Standards Act (FLSA) and the Texas Payday Law. Under federal and state law, certain types of deductions are always permitted, while others may be permitted in Texas if an employer obtains written employee authorization. Then, some types of deductions are never permitted, even if an employee authorizes such a deduction in writing. The Frisco employment law attorneys at Simon Paschal PLLC can assist your business with Read more
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Is There a “7-Minute Rule” for Hourly Payments?

Anyone who owns a business in Texas and has employees—particularly employees who are paid by the hour—should be aware of their obligations under the Fair Labor Standards Act (FLSA) and the rights that federal law affords to wage employees. To be sure, the FLSA governs federal laws pertaining to workers’ wages, hours, and overtime pay, among other matters. Generally speaking, the FLSA requires hourly wage employees to be paid for each hour that they work, but there are some exceptions. One such exception is often known as the “7-Minute Rule.” What is the “7-Minute Rule” and how does it affect Read more
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When-Does-a-Texas-Employee-Have-to-be-Paid-for-Travel-Time

When Does a Texas Employee Have to be Paid for Travel Time?

  Dustin Paschal here with this week’s Simon Paschal Says. Today I want to talk about travel time and whether or not that travel time is compensable, whether or not it has to be paid. Obviously, if you’ve got an exempt employee, that’s not really an issue or something you have to worry about. So what we’re focused on here are non-exempt employees, those employees that are eligible for overtime, those employees whose time you track. So the question becomes, when do I have to pay those employees as an employer for travel time? So the first question is to Read more
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Texas Court Halts Implementation of New Overtime Rule

Today, November 22, 2016, U.S. District Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction halting implementation of the new overtime rules that were set to go into effect on December 1, 2016. As you aware, following a notice and comment period, the U.S. Department of Labor issued a Final Rule regarding the so-called “white collar” overtime exemptions. The rule, set to go into effect on December 1, 2016, increased the required salary level for the executive, administrative and professional exemptions to the Fair Labor Standard Act’s Read more
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Employment Law News & An Update

Today, we have an update on our previous post about challenges to the upcoming changes to the Department of Labor’s overtime regulations.  We also have a quick note on other legal action affecting employment laws.  It’s been a pretty busy few weeks in the U.S. District Courts for the Eastern District of Texas! Shortly after Texas and multiple other states filed a lawsuit to stop the new overtime rules from going into effect on December 1, 2016, the U.S. Chamber of Commerce and 50 other groups, including the Plano Chamber of Commerce and the Frisco Chamber of Commerce here locally Read more
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FLSA Lawsuits and Enforcement On the Rise

It doesn’t take much to see that FLSA claims, including lawsuits and Department of Labor audits/enforcement, are on the rise.  All you have to do is turn on your TV, open a newspaper or visit the Internet.  In fact, if you use Uber to get around or follow the NFL or the NBA, you already see several major examples.  The Oakland Raiders cheerleading squad filed a lawsuit against the team in early 2014 alleging that they were employees entitled to minimum wage and overtime.  While both the NFL and the Department of Labor alleged that the cheerleaders, the Raiderettes, should or Read more