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

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

When Can an Employer Deduct From an Employee’s Wages in Texas?

Hey everyone, Paul Simon with the law firm of Simon Paschal. Welcome to Simon Paschal Says. Today, we’re going to add answer the question of when can an employer deduct from an employee’s wages? Deducting from wages generally takes into account two different laws here in the state of Texas. One is the Texas Payday Law Act and the other is the Fair Labor Standards Act, the FLSA. What the FLSA governs is minimum wage and overtime. So there’s issues when you deduct from an employee’s wages and take that employee under minimum wage or don’t pay them their overtime Read more

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

Are Employers Required to Pay Texas Employees for Jury Duty?

Hey everyone. It’s Paul Simon with the law firm of Simon Paschal. Welcome to Simon Paschal Says, our video tips series where we provide information for businesses and employers and some helpful tips that you guys can use as you go through your day and work week. Today we’re going to talk about jury duty and what the requirements are for employers regarding employees who have to serve on a jury. So the general rule, both federal and the state of Texas is there’s no requirement that an employer pays an employee when they’re on jury duty leave. The only Read more

Does a Texas Employer Have to Pay an Intern?

Hello. Dustin Paschal with Simon Paschal, and Simon Paschal Says, our legal tip. The idea is that we want to welcome you into our office and give you the chance to get a little bit of legal information from us on different topics affecting employment law and business law. So this week, we’re going to talk about internships. We’re kind of at that period of the year when companies are seeking out interns and looking to hire interns. And the question that always comes up to us is whether or not the interns need to be paid. And so the Read more

Texas Employee Voting Laws

Paul Simon: Whether you’re a Republican. Dustin Paschal: Or a Democrat. Paul Simon: Whether you’re a Christian conservative. Dustin Paschal: Or a bleeding liberal. Paul Simon: Whether you’re for Fox News. Dustin Paschal: Or MSNBC. Paul Simon: Whether you want to make America great again Dustin Paschal: Or you’re with her. Here’s your legal tip of the week from Simon Paschal PLLC. We’re going to talk about voting and workplace voting in particular. Texas law is what governs voting leave for employees in the workplace. There is no federal law. So you look to the state and Texas law requires Read more

USERRA Basics for Employers

Hey there, Dustin Paschal with Simon Paschal PLLC again. We are in the middle of getting ready for the 75th anniversary of the HR Southwest Conference. Putting together our pre-con materials, so we’ve got stuff all over the table. We will be giving five speeches in four days, so a bit of a marathon process we’ve got to go through. We’re taking a quick break for all of you that are preparing for the conference, and even those that aren’t, to give you our legal tip of the week, our video legal tip. Today we’re going to talk about something Read more

I-9 Preparation

Good morning everyone. Paul Simon with Law Firm of Simon Paschal. Today’s video tip, we’re going to discuss I-9 forms and just kind of very basic general how-to complete an I-9 form. Now, if you go on to USCIS.gov, you can download the latest I-9, that’s going to be key. There’s a lot of variations and versions of the I-9. And one of the requirements is that you use the most updated I-9, so go to USCIS.gov, download the I-9 form there to ensure that you’re actually using the most up to date form. There’s also a long list of Read more

GINA Considerations

Dustin Paschal here with Simon Paschal, PLLC with another legal tip for you. Today we’re going to talk about the Genetic Information Nondiscrimination Act, otherwise known as GINA. This is a law that’s not that old, but it is something that’s included within the kind of the EOC’s realm of protection for employees, so something for employers to keep in mind. Now mind you, in fiscal year 2014, there were only 13 charges related to GINA, but it may get bigger and bigger. But the gist of it is that an employer cannot discriminate against an employee based on their Read more