Changes to the FLSA in 2020

Assisting your business with all your employment law needs in Dallas TX. Arm yourself with the right information pertaining to employment law in Dallas, TX so that you can have the peace of mind in knowing that you’re doing what’s right for your company. Simon | Paschal Employment Attorneys 13601 Preston Road Suite W870 Dallas, TX 75240 972-893-9340 www.simonpaschal.com Read more

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

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

Final Pay Checks for Texas Employees

Dustin Paschal here with Simon Paschal PLLC for your video tip of the week. Today we’re going to talk about separation pay or the pay that an employer owes upon employment separation. So there’s no federal rule that governs that. But at least here in Texas, the Texas Payday Act governs the employee’s final pay upon separation. And they differentiate between that final pay based on whether the termination was voluntary or involuntary. So for any involuntary termination, whether that’s firing them, laying them off, however you want to call it, the final paycheck is due to that employee within Read more

Can I give employees a holiday ham without being taxed as wages?

Hey, everyone. Paul Simon with the law firm of Simon Paschal. We are here for your video tip of the week. As we get closer to Christmas and the New Year and the holiday season, we want to talk a little bit about employer holiday parties and gifts and how that impacts employees and whether or not it’s considered wages or income. Generally, we all understand that holiday bonuses, Christmas bonuses, year end bonuses, any type of bonus that you want to call it is wages and it’s taxable to the employee and the employer. But what about holiday parties? 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

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

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