Workers Comp Requirements in Texas

Hello everyone. Paul Simon here with the law firm of Simon Paschal in today’s video, we’re going to talk about workers’ compensation as it applies to Texas employers. So as many of you probably already know, Texas does not require an employer to have workers’ compensation. Now a government contractor, a certain businesses, clients, et cetera, may require that you have workers’ compensation to pay on the industry. May also have a requirement to have workers comp, but generally in Texas, an employer is not required to have workers’ compensation. Now, there still are requirements though that the Texas Department Read more

Document Retention: How Long Should I Retain My Employee/HR Documents?

Dustin Paschal here with Simon Paschal PLLC with your, I don’t want to call it the legal tip of the week because it hasn’t been weekly lately but your legal tip. Today we want to talk about retaining employment records. We always get asked by clients and at speeches we give, “How long do I need to keep the records that I have related to employees, or former employees or potential employees?” So, I’m going to go through some of those today. Now there’s a ton of rules for what kind of records you have to keep so I’m not Read more

FLSA Primary Duty Test

Dustin Paschal here with Simon Paschal PLLC for our video tip of the week. It’s been a little while, but we’re back talking about something that we talked about once before. If you remember one of our previous videos was about the white collar overtime exemptions, the executive, administrative, and professional exemptions under the FLSA. And I’m sure you’ve all seen the new regulations that are coming out, or that have come out, that go into effect December 1st, that raised the salary and the salary test portion of those exemptions from 455 a week to 913 a week with Read more

Pros and Cons to Employment Arbitration Agreements

Hey everyone, it’s Paul Simon with the law firm of Simon Paschal. We’re here with another video tip of the week. In today’s tip, we’re going to talk about arbitration agreements and specifically arbitration agreements in the employment context. So let’s kind of go through some pros, cons, and then our alternative suggestion for employers who like the arbitration but may want to, after watching this video, modify it slightly. So let’s go through some of those pros. One of the pros of an arbitration agreement is you can significantly limit discovery. And the way you do this in your Read more

NLRB In Non-Union Workplace

Dustin Paschal with Simon Paschal, PLLC for our video tip of the week. It’s been a couple of weeks but I’ve been a little busy around here so we’ll start it back up. Today we’re going to talk about the NLRB, the National Labor Relations Board. Generally when I say that anyone that does not work in a union environment shuts down, stops listening, but actually the NLRB does apply to nonunion environments. You know to private companies that don’t have unions. Specifically. Back in the spring of 2015 the NLRB came out with a guidance memo and we’ll post Read more

FLSA – Suffer & Permit Overtime

Hey, Dustin Pascall again with Simon Pascall PLLC with our video tip of the week again. Today we’re going to talk about the concept of suffer and permit under the Fair Labor Standards Act, especially when it comes to overtime compensation, overtime hours worked. Suffer and permit, you can think of it in terms of require and/or allow. If an employer requires an employee to work overtime hours, that employer must pay the employee overtime compensation at the rate of time and one half of their regular hourly rate if they are a nonexempt employee. That’s an easy one, people Read more

The Intersection of FMLA and ADA

Hey, everyone. Paul Simon here with the law firm of Simon Paschal. Today, we’re going to talk about the interplay between the FMLA and ADA. As many of you probably know, the FLMA basically gives unpaid leave up to 12 weeks if you have a serious medical condition and it applies to companies who have 50 employees within a 75 mile radius. So not necessarily applies to every company, but a decent amount of companies fall under FMLA. Then you have the ADA, which applies to employers who have 15 or more employees. Obviously, a lot more employers have to Read more

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

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