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What-Can-I-Ask-in-an-Interview

What Can I Ask in an Interview?

Dustin Paschal: Hello and welcome to Simon Paschal Says. We are back after an extended absence. Unfortunately, sometimes work gets in the way and so that’s what happened. And because our public is demanding more videos, we come back with more videos. So today you’re getting a two for one, you’re going to get a Paul Simon here and me, I’m Dustin Paschal. So we’re here, like I said, for Simon Paschal Says. And today we’re going to talk about interviewing or a what I guess you can and can’t do in a job interview. And so because we’re talking Read more
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What-Do-I-Need-to-Know-About-Dress-Code-Policies-in-Texas

What Do I Need to Know About Dress Code Policies in Texas?

Welcome to Simon Paschal Says. I’m Paul Simon, an employment lawyer here at Simon Paschal, PLLC. And in today’s episode of Simon Paschal Says, we’re going to talk about employer dress codes. Now, employer dress codes are something we normally find an employee handbook. In Texas, there are generally no restrictions on what an employer can or cannot have in a dress code. And because of this, we see a wide range of dress codes from requiring uniforms to only being allowed to wear certain colors. It’s also becoming more and more common for dress codes to establish the relaxed Read more
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When-Do-I-Have-to-Comply-With-the-FMLA

When Do I Have to Comply With the FMLA?

Hi, this is Dustin Paschal, an employment lawyer at Simon Paschal PLLC and welcome to Simon Paschal says. In today’s episode, we’re going to talk about FMLA eligibility. The FMLA applies to any public or private employer with 50 or more employees, as well as to all public agencies and public and private elementary and secondary schools, regardless of the number of employees. If you’re a covered employer, you must post a notice in your workplace concerning the FMLA and how employees may qualify under its provisions. You can find this poster on the Texas Workforce Commission’s website. To be Read more
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How-do-I-Handle-Seasonal-Employees

How do I Handle Seasonal Employees?

Welcome to Simon Paschal Says. I’m Paul Simon, an employment lawyer at Simon Paschal, PLLC. With the upcoming holiday season we’re going to discuss issues employers face with seasonal or temporary employees. The most common issue we see with seasonal or temporary employees has to do with how employers pay the worker. Oftentimes employers believe that they do not need to pay a seasonal or temporary worker as a W-2 employee because they’re only working a few weeks or months. However, according to the IRS, employer must issue a W-2 form to any employee that earned any amount of wages Read more
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What-Can-I-Ask-on-a-Job-Application-and-in-an-Interview

What Can I Ask on a Job Application and in an Interview?

Hey everyone, it’s Paul Simon with the law firm of Simon Paschal. Welcome to another episode of Simon Paschal Says. Today, we’re going to talk about what employers can and cannot ask for in job applications. And then, also kind of best practices, as well as then what an employer can and cannot ask in an interview. For a job application there’s just a few areas that we, generally, see employers inquire about that either they should not, or even it could be illegal. So, a few of those are whether or not an applicant is a US citizen or Read more
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What-Can-You-Deduct-From-an-Exempt-Employees-Salary

What Can You Deduct From an Exempt Employee’s Salary?

Dustin Paschal here with the law firm of Simon Paschal and this week’s edition of Simon Paschal Says. We’ve previously talked about the overtime exemptions, the white collar exemptions, administrative, executive, professional, the exemptions from overtime. What we want to delve into a little more in this installment is the salary requirement for those exemptions. If you recall those exemptions, in order for the employee to be exempt requires a couple of different methods of payment. Either a fee basis payment, which we’ll talk about in a different video, or salary of at least $455 per week. The computer exemption Read more
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How-Should-Employers-Handle-a-Two-Week-Notice

How Should Employers Handle a Two Week Notice?

Hello everyone. Paul Simon with the law firm of Simon Paschal. Welcome to another episode of Simon Paschal says. Today we’re going to talk about notice separation. So either an employee given notice that they’re quitting, or an employer giving notice that we’re terminating the employee’s employment. This is something that everyone hears, two weeks notice is a common term and period of notice. And so we really want to dive into what does the law require and what should employers do. So from a high level, there’s no law that says an employee needs to give notice or an Read more
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Are-Alcoholism-and-Drug-Use-Disabilities-Under-the-ADA

Are Alcoholism and Drug Use Disabilities Under the ADA?

Dustin Paschal here with Simon Paschal Says. Today we’re going to talk about basically the Americans with Disabilities Act with respect to both alcoholism and drug addiction or drug use. Now both drug addiction, drug use, and alcoholism are protected disabilities under the Americans with Disabilities Act. They are considered disabilities, but there are some nuances and some differences with both of those, so we wanted to go over those just kind of briefly so that employers have an understanding of how that works. So let’s start with the alcoholism piece. So alcoholism, like I said, is considered a disability Read more