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# Employment Law Dallas TX | Simon Paschal PLLC

The true cost is not asking

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## Posts

- [Non-Compete Ban Halted (For Now)](https://www.simonpaschal.com/2024/08/23/non-compete-ban-halted-for-now/) - We wanted to share some important news regarding the FTC non-compete rule with you. As you may know, the rule was scheduled to take effect on September 4, 2024. However, on August 20, 2024, Judge Ada Brown of the Northern District of Texas, in the case of Ryan v. FTC, issued a summary judgment order
- [Does Your Business Need Workplace HR Training?](https://www.simonpaschal.com/2024/08/15/does-your-business-need-workplace-hr-training/) - Regardless of the scale or nature of a company, every workplace should require training for its employees. This training should encompass not only the company handbook, policies, and procedures but also the pertinent employment laws that apply to all companies, workplaces, employees, and managers. Annual human resources (HR) training prevents lawsuits, helps minimize the damages
- [Client Alert: Texas Judge Grants Temporary Injunction for State of Texas Employees ](https://www.simonpaschal.com/2024/07/29/client-alert-texas-judge-grants-temporary-injunction/) - Late in the afternoon on Friday, June 28, 2024, Judge Jordan of the Eastern District of Texas - Sherman Division issued his ruling in the lawsuit filed by The State of Texas against the U.S. Department of Labor regarding the new overtime exemptions salary level regulations. He granted the State of Texas' request for a
- [Remote Realities: Legal Guidelines for Managing a Distributed Workforce](https://www.simonpaschal.com/2024/06/10/legal-guidelines-for-managing-a-remote-workforce/) - Tackling the legal challenges of remote workforces.
- [Texas Registered Agent Services: What Every Business Owner Should Know](https://www.simonpaschal.com/2024/06/10/texas-registered-agent-services/) - But what is a registered agent, and why do you need one? Let’s take a look.
- [What do the Latest FTC and DOL Employment Regulations Mean for Your Business?](https://www.simonpaschal.com/2024/06/10/latest-ftc-and-dol-employment-regulations/) - It’s been a busy couple of weeks in employment law, and we know staying informed about regulatory changes is crucial for your business's success and compliance. That’s why we are here to break it down. Understanding the FTC Ban on Noncompete Agreements and New DOL Salary Thresholds
- [Unpaid Internships: Exploring the Debate | Why Are They Still Around?](https://www.simonpaschal.com/2023/06/30/unpaid-internships/) - Internships have long been touted as a great way for college students to gain invaluable experience in their desired industry. However, many internships out there require the student to work without any type of payment or compensation. This leaves many wondering why unpaid internships are still an option when faced with legal consequences, the potential
- [Client Alert: DOL Announces New Salary Thresholds](https://www.simonpaschal.com/2024/04/27/dol-announces-new-salary-thresholds/) - The Department of Labor has finally released the final rule that had been in the works for quite some time. The rule relates to the new salary thresholds for the FLSA's white collar exemptions (related to overtime). The below was announced by the DOL: "Effective July 1, 2024, the salary threshold will increase to the
- [Client Alert: FTC Noncompete Agreements](https://www.simonpaschal.com/2024/04/24/client-alert-ftc-noncompete-agreements/) - We just finished watching an open meeting of the FTC. By a vote of 3-2, the Commission voted to approve a final rule that would ban noncompete agreements (as well as require employers to rescind such agreements that are currently in effect). The dissenting commissioners believed, among other reasons, that the FTC did not have
- [Why You Need Employment Contracts for Your Small Business](https://www.simonpaschal.com/2024/03/25/employment-contracts-small-business/) - As a small business owner, you have a lot of balls in the air. Bottom line: you want to ensure the success of your company and protect your interests. One way to do that is through employment contracts. These legal documents are more important than you might think for setting clear expectations and avoiding legal
- [Texas Overtime Laws Explained: Know Your Legal  Obligations](https://www.simonpaschal.com/2024/03/25/texas-overtime-laws-explained/) - Still have questions about Texas Overtime Laws? We get asked about this a lot, so we want to break it down. This article dives into the intricacies of these laws, emphasizing employer obligations, calculating overtime pay, common violations, seeking legal guidance, and ensuring compliance. In the complex area of employment law, understanding overtime regulations is
- [Understanding WARN Act in Texas: A Comprehensive Guide for Employers ](https://www.simonpaschal.com/2024/03/15/warn-act-in-texas/) - As an employer in Texas it’s important to understand the federal Worker Adjustment and Retraining Notification (WARN) Act and how it pertains to layoff decisions. While other states may have their own WARN Acts, Texas follows the federal regulations. What does this mean? Let's take a look. What is the WARN Act? First, let's understand
- [FMLA Lawyer: Navigating Family and Medical Leave Act with Ease](https://www.simonpaschal.com/2024/03/15/fmla-lawyer/) - Are you struggling to make sense of the complexities surrounding the Family and Medical Leave Act (FMLA)? If so, you are not alone. Navigating the FMLA can be a daunting task for both employees and employers. Depending on the location, size and type of business there are a lot of things to consider. While at
- [CLIENT ALERT - FinCEN Beneficial Ownership Information Report Filing on Hold? ](https://www.simonpaschal.com/2024/03/06/fincen-report-filing-on-hold/) - As the great Lee Corso would say on ESPN College Gameday, “Not so fast, my friend!” We recently sent out a Client Alert notifying you about the Corporate Transparency Act (“CTA”) that was to go into effect January 1, 2024. On March 1, a U.S. District Court judge for the United States District Court for the
- [9 Things You Didn't Know About Employment Law (SMB Edition)](https://www.simonpaschal.com/2024/02/07/didnt-know-about-employment-law/) - Understanding employment law is important for both employers and employees in creating a fair and safe workplace. These laws, also known as labor laws, protect the rights of workers while also ensuring the success of businesses. While some common labor laws are well-known, such as minimum wage and anti-discrimination laws, there are several things about
- [Decoding Reasonable Accommodation: Ensuring Workplace Inclusivity](https://www.simonpaschal.com/2024/01/22/reasonable-accommodation/) - When it comes to understanding what constitutes a reasonable accommodation, it’s one of the questions we get the most! In this blog post, we cover the importance of reasonable accommodation, understand its legal framework, explore different types of accommodations, discuss the interactive process, and highlight its benefits.
- [Is Height and Weight Discrimination a Thing?](https://www.simonpaschal.com/2023/11/22/is-height-and-weight-discrimination-a-thing/) - There are laws in place to prevent many types of discrimination in the workplace. Are height and weight discrimination include in this list?
- [The Benefits of LLC Formation For Your Texas Business](https://www.simonpaschal.com/2024/01/22/the-benefits-of-llc-formation-for-your-texas-business/) - One of the most popular entity options that offers significant advantages is a Limited Liability Company (LLC). Let’s take a look at the benefits of LLC formation, including asset protection, tax advantages, and enhanced credibility.
- [CLIENT ALERT: DOL Publishes New Independent Contractor Test](https://www.simonpaschal.com/2024/01/17/dol-publishes-new-independent-contractor-test/) - In December 2022, we sent out a client alert regarding the United States Department of Labor’s (“DOL”) proposed rule to reclassify the standards for employees and independent contractors under the Fair Labor Standards Act (“FLSA”). The DOL initially published a proposed rule in October 2022 and held public comment on the rule through early November of
- [CLIENT ALERT: New Law Affecting Nearly All Businesses](https://www.simonpaschal.com/2024/01/17/client-alert-fincen-requirements/) - Effective January 1, 2024, FinCEN Requires Most Businesses to Report Beneficial Ownership InformationBeginning January 1, 2024, most companies have a new requirement to provide information related to their owners and executives. The penalties for failing to file and comply with this new requirement can result in civil penalties of up to $500 per day for each
- [Resolving Employee Complaints: Best Practices for Employers](https://www.simonpaschal.com/2024/01/15/resolving-employee-complaints/) - Let’s unravel some of the essential steps to take when handling employee disputes.
- [Legal Tips Every Business Needs to Consider at the Start of The Year](https://www.simonpaschal.com/2024/01/15/legal-tips-business/) - Let’s take a look at some of the essential legal tips to help you start the year on the right foot.
- [Is the Music in Your Workplace Creating a Hostile Work Environment?](https://www.simonpaschal.com/2023/12/14/is-the-music-in-your-workplace-creating-a-hostile-work-environment/) - Music in your workplace sets the mood, but is it a good mood? Offensive lyrics can create a hostile work environment. Prevent this with a workplace music policy.
- [When Do You Need to Pay an Employee for Not Working?](https://www.simonpaschal.com/2023/12/14/when-do-you-need-to-pay-an-employee-for-not-working/) - Even when your employees are not working, you may still need to pay them in certain cases. Make sure you are aware of the laws so you can remain compliant.
- [Can I give my employees a holiday ham without being taxed as wages?](https://www.simonpaschal.com/2023/12/06/employees-holiday-gifts/) - Among the potential gifts, the classic holiday ham stands out, but is it as straightforward as it seems? Can employers indulge in this seasonal gesture without incurring additional tax burdens?
- [Navigating Workplace Investigations: Your Right to Representation](https://www.simonpaschal.com/2023/12/04/workplace-investigations/) - In the lead-up to a workplace investigation interview, it's entirely natural to feel a certain level of apprehension, given the significance of the situation and the potential impact on your professional standing.
- [Does Your Non-Compete Agreement Violate Federal Law?](https://www.simonpaschal.com/2023/11/22/does-your-non-compete-agreement-violate-federal-law/) - Many employers use non-compete agreements to retain employees and protect themselves from unfair competition. Could a recent statement from the NLRB change this?
- [Developing a Workplace AI Policy](https://www.simonpaschal.com/2023/10/22/developing-a-workplace-ai-policy/) - Implementing workplace policies can help ensure employers & employees understand the potential risks associated with the use of AI tools. Read our guildelines.
- [How Are Employer Diversity Programs Different from Affirmative Action?](https://www.simonpaschal.com/2023/10/22/how-are-employer-diversity-programs-different-from-affirmative-action/) - What Does the SCOTUS Ruling on Affirmative Action Mean for Employers? Nothing now but future litigation may affect such programs in the employment setting.
- [Can You Be Guilty of Wrongful Termination in an At-Will Employment Environment?](https://www.simonpaschal.com/2023/09/25/wrongful-termination-at-will-employment-environment/) - Most states have exemptions to at-will employment beyond non-discrimination, non-harassment, and non-retaliation. Brush up on the exemption you need to know about.
- [Overtime Pay for Daily Rate Employees?](https://www.simonpaschal.com/2023/09/22/overtime-pay-for-daily-rate-employees/) - Do you have highly compensated employees who are actually eligible for overtime pay? Do you know what makes an employee exempt from eligibility for overtime? Learn more
- [New Standard for Religious Accommodations in the Workplace](https://www.simonpaschal.com/2023/09/12/new-standard-workplace-religious-accommodations/) - A recent SCOTUS ruling has changed the standard for determining if a religious accommodation request imposes an undue hardship on an employer. Here's what you must know.
- [Use of Dash Cams in Work Vehicles and the NLRA](https://www.simonpaschal.com/2023/09/12/use-of-dash-cams-in-work-vehicles-and-the-nlra/) - As an employer, what are your rights when it comes to using dashboard-mounted cameras in company-owned vehicles? Learn the legalities and some best practices.
- [How Does the NLRA Affect Texas Businesses?](https://www.simonpaschal.com/2023/07/18/nlra-texas-businesses/) - Labor unions may not be as common here in Texas as they are in other states, but they do exist here. And regardless of the existence of a labor union, the National Labor Relations Act (NLRA) applies to almost all employers in our state. So even though Texas is a right-to-work state, employers still need
- [CROWN Act Ordinance Passes in Austin, TX](https://www.simonpaschal.com/2022/12/29/crown-act-ordinance-passes-in-austin-tx/) - Employers in Texas should know that Austin has become the first city in Texas to pass the CROWN Act. The passage of this law will have important employment law implications in the state. Our Frisco employment law attorneys can provide you with more information about the CROWN Act, including what it is intended to do
- [Medical Marijuana — Handling Drug Testing & Accommodation Requests in Texas](https://www.simonpaschal.com/2023/01/12/medical-marijuana-texas-drug-testing-accommodations/) - Employers in Frisco and throughout Texas routinely interview, hire, and employ workers who are either currently eligible to use medical marijuana or who may be eligible to use medical marijuana in the future. As an employer in Texas, you may be wondering about your rights and responsibilities concerning medical marijuana. For example, can you require
- [Best Practices When Writing Job Descriptions](https://www.simonpaschal.com/2023/01/24/best-practices-writing-job-descriptions/) - When Texas employers are writing job descriptions with plans of hiring new employees, it is critical to think carefully about how to craft the job description. You will need to consider various issues, including the best way to advertise the positions you are hiring for, as well as how to write job descriptions that keep
- [Wage Transparency Laws: How Do They Affect Texas Employers?](https://www.simonpaschal.com/2023/02/15/wage-transparency-laws-texas-employers/) - Once upon a time, employers commonly discouraged or even prohibited their employees from discussing their wages and benefits amongst themselves. But today, the law is on the side of the employee. The National Labor Relations Act, which applies to both union and non-union employees, makes it against the law for employers to forbid employees from
- [What is the "Cat's Paw" Theory of Liability When it Comes to Retaliation?](https://www.simonpaschal.com/2023/02/27/cats-paw-theory-liability-retaliation/) - Just like any community, the workplace is subject to conflict. Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker. Employers are advised to exercise caution with
- [What is a Registered Agent, and Can You Be Your Own?](https://www.simonpaschal.com/2023/03/01/what-is-a-registered-agent/) - Starting and running a business can be an exciting endeavor, but it also comes with a lot of legal requirements and obligations. One of those requirements is appointing a registered agent. But what is a registered agent, and why do you need one? In this blog post, we will explore the role of a registered
- [Can I Be My Own Registered Agent? (Everything you need to know)](https://www.simonpaschal.com/2023/03/06/can-i-be-my-own-registered-agent/) - Do you want to be your own registered agent but aren't sure if it's possible—or even allowed? You’re not alone – many entrepreneurs and small business owners wonder the same thing! Yes, you can be your own registered agent—but let’s take a look to see if that makes sense for your business. There are several
- [Can a Misclassified Independent Contractor Sue the Employer?](https://www.simonpaschal.com/2023/03/15/can-a-misclassified-independent-contractor-sue-employer/) - Is a worker an employee or an independent contractor? You may think this is a silly question, but it is not. Independent contractor classification is popular among employers looking to save a few bucks. By classifying an employee as an independent contractor, an employer does not have to abide by minimum wage or overtime laws.
- [How Should an Employer Handle Pay and Attendance Issues Related to Bad Weather?](https://www.simonpaschal.com/2023/03/29/bad-weather-pay-attendance-matters-employers/) - Texas gets its share of ice, rain, and snow from time to time, especially in the winter. While every season brings its own weather woes, driving to work in these weather conditions can be especially treacherous and compromise employees’ ability to get to work safely. Snow accumulation on roads may be considerable, given that few
- [Legal Risks/Implications of Monitoring/Surveilling Remote Employees](https://www.simonpaschal.com/2023/04/19/legal-risks-monitoring-surveilling-remote-employees/) - The coronavirus pandemic in 2020 forced us to socially distance ourselves, which meant that many companies were forced to implement work-from-home policies. Many employers were hesitant to do so, though. They had never had such policies in place before, and everyone was navigating uncharted waters. One of the main concerns employers have with remote work
- [When is an Employer Liable for an Employee's Bad Actions/Negligence?](https://www.simonpaschal.com/2023/04/19/employer-liability-employee-negligence-vicarious-liability/) - It may seem unfair to be held liable for someone else’s unsavory or reckless behavior. But this is a situation that Texas businesses can face. Employers can, in some cases, be held liable for an employee’s bad actions or negligence. Here is a look at what this entails and how you, as an employer, can
- [Independent Contractor vs. Employee: Everything You Need to Know](https://www.simonpaschal.com/2023/05/18/independent-contractor-vs-employee-everything-you-need-to-know/) - So, you found the perfect addition to your team. But wait, are they an employee or an independent contractor? Don't worry; we've got you covered. In this guide, we'll break down the key differences between employees and contractors and help you make the right classification.
- [Most Common Workplace Lawsuits and How to Minimize Their Impact](https://www.simonpaschal.com/2023/05/23/common-workplace-lawsuits-minimize-their-impact/) - Employment-related lawsuits are common and employees may sue employers for a variety of reasons. Sometimes even the most buttoned-up organization may find itself charged with an employment law violation that ends in a courtroom. A lawsuit can be costly and inconvenient for an employer, so the best way to minimize legal damages is to take
- [FMLA Eligibility Review: Are All Your Employees Eligible?](https://www.simonpaschal.com/2023/05/23/fmla-fmla-eligibility-review/) - How strong is your knowledge of the Family and Medical Leave Act (FMLA)? FMLA allows employees to take unpaid time off for certain family or medical reasons. Many employers misapply the FMLA in their workplace because they do not fully understand its eligibility requirements. Below, we review FMLA eligibility guidelines so you can ensure you
- [4 Reasons Why You Should Consider Forming an LLC ](https://www.simonpaschal.com/2023/06/05/why-you-should-consider-forming-an-llc/) - Are you ready to take the plunge and form your own business? Becoming an independent business owner can be both empowering and daunting. But when it comes down to making sure that you have created the best structure for long-term success, there’s one entity that often rises above the rest: a Limited Liability Company (LLC).
- [What is the Pregnant Workers Fairness Act?](https://www.simonpaschal.com/2023/06/15/what-is-the-pregnant-workers-fairness-act/) - There are many employment laws that can affect your business. Most employers are aware of the federal laws that prohibit discrimination and harassment against employees. Under federal and Texas state law, for example, employees cannot face discrimination or harassment based on protected classes, such as pregnancy. Federal law is about ready to take things a
- [What Employers Need to Know About Employment Verifications](https://www.simonpaschal.com/2023/06/21/what-employers-need-to-know-about-employment-verifications/) - Employment arrangements do not last forever. You will continue to hire new employees and will want to verify their employment histories. Similarly, you will be asked to provide employment verification for your former employees. This sounds simple enough, but what if your former employee left on bad terms? What if they were terminated? What are
- [Are Salaried Employees Entitled to Overtime Pay?](https://www.simonpaschal.com/2023/07/13/are-salaried-employees-entitled-to-overtime-pay/) - One common misconception employers hold concerning wage and hour laws is that the FLSA’s overtime rule does not apply to salaried employees. When thinking about overtime pay, many people think this only applies to workers who are paid by the hour. But it is important to note that salaried employees can be entitled to overtime
- [Avoid Discriminatory Filters Using AI Tools in Employment Searches](https://www.simonpaschal.com/2022/12/14/avoid-discriminatory-filters-ai-employment-tools/) - Texas employers who are planning to hire new employees may be considering the use of artificial intelligence (AI) technology to assist in the hiring process. According to an article in Risk Management, AI technology provides several benefits to employers in many different fields and industries. As that article explains, “some of the applications include employee
- [What is a Non-Solicitation Agreement & Should They Be Used in Employment Contracts?](https://www.simonpaschal.com/2022/11/28/what-is-a-non-solicitation-agreement/) - Businesses in Texas need to be able to protect their company interests, including trade secrets and carefully built relationships with customers and clients. Accordingly, many businesses seek to include certain restrictions in employment contracts that limit what employees can do and how they can share information from the business. These are known as “restrictive covenants.”
- [Texas Legal Requirements for Overtime Pay & Credit Accumulations](https://www.simonpaschal.com/2022/11/11/tx-legal-requirements-overtime-pay-credit-accumulations/) - If your business has employees who are non-exempt and work overtime hours, it is important to understand your obligations as an employer under the federal Fair Labor Standards Act (FLSA) concerning overtime pay and overtime credit accumulations. In short, you are required to compensate non-exempt employees for overtime hours worked, and that compensation must come
- [Apologizing in Employment Situations — Does Apology Lead to Liability?](https://www.simonpaschal.com/2022/10/25/potential-liability-workplace-apology/) - When you are running a business, workplace problems are inevitable. When employees report problems in the workplace and/or file complaints, your response in some cases might be to apologize. As a dedicated employer in Texas, you might assume that telling an employee you are sorry they have experienced a particular issue or that they have
- [Don’t Be Your Own Registered Agent (5 Reasons Why)](https://www.simonpaschal.com/2022/10/12/dont-be-your-own-registered-agent/) - When you start a business, one of the first things you need to do is choose a registered agent. This is the person or company that will receive legal and tax documents on behalf of your business. Many small business owners choose to be their own, but there are several reasons why this may not
- [Basic Considerations When Paying Employees Commission](https://www.simonpaschal.com/2022/10/11/paying-employees-commission/) - Employers in Texas who pay employees commissions need to consider a variety of issues to ensure that they are in compliance with state and federal law. For example, if you pay non-exempt employees commissions, generally speaking, these employees must be treated just as any other non-exempt employee. As such, Texas employment laws and federal laws
- [Employment Law Considerations When Buying a Business](https://www.simonpaschal.com/2022/09/30/employment-law-issues-buying-business/) - If you are considering buying a business in Texas, you need to consider several key employment law issues that could ultimately impact your ability to run the business. Buying a business is complex, and you should work with a lawyer throughout the process on various legal issues concerning the purchase agreement, due diligence, and other
- [Understanding Age Discrimination Claims in Texas](https://www.simonpaschal.com/2022/09/15/age-discrimination-claims-texas/) - Age discrimination in employment in Texas is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) and Chapter 21 of the Texas Labor Code. However, employers in Texas need to know that federal and state laws only protect against discrimination against employees who are 40 years of age or older. Further, employers
- [Do I Need to Pay Employees for Being on Call in Texas?](https://www.simonpaschal.com/2022/08/30/paying-on-call-employees/) - Many Texas employers have businesses that require their employees to be on call. In other words, employers have workers who are required to be ready and available for work when called on by the employer. If you have on-call employees, or stand-by employees, are you required to pay these employees for the hours they are
- [What Termination Documents Should I Keep on File for Former Employees?](https://www.simonpaschal.com/2022/08/15/keeping-former-employees-termination-documents/) - When employers in Texas terminate employees, employers are required to keep many different types of documents on file for those former employees. To be clear, as an employer, you must comply with record keeping requirements for both current and former employees, and you cannot remove most records or documents for former employees until a specific
- [Are There Limits to Uniform Requirements in Texas?](https://www.simonpaschal.com/2022/07/30/limits-to-uniform-requirements-texas/) - In various industries, employers throughout the state of Texas require employees to wear uniforms or to comply with dress code standards. Many employers in Texas need to understand their obligations concerning uniform requirements and dress codes for employees to ensure that they remain in compliance with state and federal law. Generally speaking, employers in Texas
- [Employers Offering Early Retirement — Dos and Don’ts](https://www.simonpaschal.com/2022/07/18/should-employers-offer-early-retirement/) - Many employers in Texas and across the country began offering early retirement options for employees as a result of the economic downturn due to the COVID-19 pandemic. As many businesses have continued to struggle, or to reassess the nature of the work they are asking of employees, employers have continued to think through whether it
- [Back to the Basics: What is the Independent Contractor Test in Texas?](https://www.simonpaschal.com/2022/06/30/independent-contractor-test-texas/) - Texas employers are required to classify workers properly as employees or independent contractors in order to remain in compliance with state and federal law. Texas employers have a range of responsibilities concerning employees, but those same responsibilities do not apply to independent contractors. Misclassification can result in penalties and legal issues for employers, so it
- [Understanding New Federal Law on Arbitration in Sexual Harassment Cases](https://www.simonpaschal.com/2022/06/16/new-federal-law-sexual-harassment-cases/) - Employers in Texas need to know about a new federal law that bans mandatory arbitration in sexual harassment cases. The new law applies to various types of sexual harassment claims, including those that occur in the context of employment. President Biden signed the law on March 3, 2022, and the law took effect immediately. It
- [Texas Labor Code Chapter 22](https://www.simonpaschal.com/2022/05/30/texas-labor-code-22/) - What do employers in Texas need to know about Texas Labor Code Chapter 22? This law prohibits discrimination against employees for evacuating during an emergency, and business owners in Frisco and throughout the state of Texas must have a clear understanding of their responsibilities and obligations to employees. Our Frisco employment lawyers can provide you
- [How to Respond to an Employment Discrimination Complaint](https://www.simonpaschal.com/2022/05/12/how-to-respond-employment-discrimination-complaint/) - If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond? It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain
- [Could You Discriminate Unintentionally When Using AI for Hiring?](https://www.simonpaschal.com/2022/04/30/ai-unintentional-discrimination/) - Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business
- [New Requirements for Federal Contractors in 2022](https://www.simonpaschal.com/2022/04/14/new-requirements-federal-contractors-2022/) - Employers in Texas engaged in work as federal contractors or subcontractors need to learn about new employment law requirements affecting federal contractors in 2022. If your business takes on federal contracts or is classified as a federal contractor, you might already be familiar with certain requirements from 2021. Yet there is more to be aware
- [Workers’ Comp for Employees with Side Effects from Mandated COVID-19 Vaccines](https://www.simonpaschal.com/2022/03/30/workers-comp-effects-mandated-covid-vaccine/) - Many employers in Texas are requiring employees to have COVID-19 vaccines in order to do their jobs. If your business has made vaccines mandatory as a condition of employment, then you should know that it is possible for an employee to seek workers’ compensation benefits for an adverse reaction to, or side effects from, a
- [5 New Texas Workplace Laws Passed by Texas Lawmakers in 2021](https://www.simonpaschal.com/2022/03/15/5-new-texas-workplace-laws-2021/) - Many new Texas state laws were passed in 2021. A number of those laws may affect employers, including both their rights concerning business practices and responsibilities to employees. If you have any questions about compliance with Texas business or employment law, one of our experienced Frisco attorneys will be glad to help. In the meantime,
- [Wage Deductions: Can I Dock Costs from Employee Wages?](https://www.simonpaschal.com/2022/02/15/wage-deductions-docking-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
- [Minimum Wage and Overtime Exceptions: Understanding the Outside Sales Exemption](https://www.simonpaschal.com/2022/02/03/minimum-wage-overtime-exceptions-outside-sales-exemption/) - Employers in Texas and throughout the U.S. are required to pay employees a minimum wage unless they are exempt. Under the Fair Labor Standards Act (FLSA), there are a wide variety of workers who may be exempt, which means the employer is not required to pay the minimum wage and/or overtime compensation. However, it is
- [When Should We Update Our Employment Handbook and Policies?](https://www.simonpaschal.com/2022/02/03/when-to-update-employment-handbook-policies/) - It is important for all Texas businesses to have employment handbooks and policies, and to ensure that these materials are updated regularly. You might initially assume that once your company’s employment handbook and workplace policies are created, they only need updating when there are obvious changes to be made. However, a smarter strategy is to
- [Simon | Paschal Selected as Finalist for Small Business of the Year by Frisco Chamber of Commerce](https://www.simonpaschal.com/2022/01/04/simon-paschal-selected-as-finalist-for-small-business-of-the-year-by-frisco-chamber-of-commerce/) - Simon | Paschal PLLC was selected as a finalist for Small Business of the Year by Frisco Chamber of Commerce. The firm is grateful to be nominated for such a prestigious award along side of some other great Frisco businesses. The winner will be announced on February 4, 2022 at the Chamber's Annual Awards Gala.
- [Complying with Posting Requirements for Remote Workers](https://www.simonpaschal.com/2021/12/30/posting-requirements-remote-workers/) - Employers in Texas must comply with requirements to provide employees with notices concerning their rights and workplace safety issues through posters. These posters are designed to provide employees with information about their rights under both Texas state and federal law. Failure to display one or more of the required posters can result in liability for
- [Texas’s New Sexual Harassment Laws- What Employers Should Know](https://www.simonpaschal.com/2021/12/14/texas-new-sexual-harassment-laws/) - Two employment law bills recently took effect in Texas on September 1, 2021, that expand certain protections for employees in Texas workplaces. The bills, SB 45 and HB 21, expand protections to employees specifically concerning sexual harassment in the workplace under the Texas Labor Code, allowing more employees to have eligibility to file a claim
- [Can an Employer be Held Liable for Pandemic Injuries/Death Under TX Law?](https://www.simonpaschal.com/2021/11/29/texas-employers-liability-pandemic-injury-death/) - It is important for employers in Texas to understand potential issues of liability pertaining to COVID-19 infections and deaths connected to their businesses or places of employment. Indeed, many employers in Texas have questions about whether they can face lawsuits if an employee or a customer contracts COVID-19 at their business and becomes seriously ill
- [What Employers Need to Know About Texas Firearm Carry Act](https://www.simonpaschal.com/2021/11/29/texas-firearm-carry-act/) - Can employers in Texas prevent employees from carrying firearms at the workplace? This is a common question among many employers since the passage of the Firearm Carry Act of 2021, which took effect on September 1, 2021. The law is similar to bills passed in other states that allow individuals to carry firearms without a
- [Understanding “Long COVID” & ADA Disabilities Protections](https://www.simonpaschal.com/2021/10/29/long-covid-ada-disability-protections/) - Many employers in Texas are facing disability accommodation requests from employees related to COVID-19. Some of those accommodation requests concern protections against exposure or spread in the workplace due to the employee’s disability, while others concern the disabilities that the employee has developed as a result of being infected with the coronavirus. It is critical
- [Where’s the Line? What is a “Hostile Work Environment”?](https://www.simonpaschal.com/2021/10/20/hostile-work-environment/) - Whether you are taking policy steps at your business to protect against harassment in the workplace or you are facing an employee discrimination claim that alleges a hostile work environment, it can be difficult to know what actually constitutes a hostile work environment. While you might know that a hostile work environment is one in
- [2021 Super Lawyer Recognition](https://www.simonpaschal.com/2021/10/06/2021-super-lawyer-recognition/) - Dustin and Paul were once again selected by their peers as 2021 Super Lawyers by Thomson Reuters. Only 5% of Texas attorneys are selected as Super Lawyers, with only 2.5% of Texas lawyers below the age of 40 receiving a Rising Star honor. To learn about the Super Lawyers selection process, click here. The lawyers of Simon | Paschal PLLC
- [Tips for Crafting Severance Agreements](https://www.simonpaschal.com/2021/09/30/severance-agreement-tips/) - The prospect of having to tell an employee that they are losing their job is one of the most difficult tasks an employer will face. Employers in Dallas and across Texas often soften the blow by making a severance package part of the termination process. Typically, this will include payment and a severance agreement that
- [Is There a “7-Minute Rule” for Hourly Payments?](https://www.simonpaschal.com/2021/09/15/7-minute-rule-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,
- [Are There Rules for Verbiage Used in Job Advertisements?](https://www.simonpaschal.com/2021/08/25/job-advertisement-language/) - When your business is advertising jobs for new positions, you should be thinking about the specific language you plan to use in those job posts and how you want to frame the position you are advertising. When you draft your job advertisement, consider language selection carefully. It is important to avoid using language that could
- [What Equipment Should be Reimbursed for At-Home Work?](https://www.simonpaschal.com/2021/08/17/reimburement-at-home-work/) - If you have employees who work from home on a full-time or part-time basis, you might be wondering if you should be reimbursing certain expenses. In particular, if your company reimburses business expenses for employees who do not work from home, or if your business provided such reimbursements prior to the pandemic, employees who work
- [Simon Paschal Says: Flexibility is Key](https://www.simonpaschal.com/2021/08/13/simon-paschal-says-flexibility-is-key/) - It's August 2021. We all thought COVID would be behind us at this point. We are all exhausted. We are all mentally drained. And as employers, you've spent the last nearly year and a half dealing with workplace changes, new laws, and constantly changing agency guidance. Unfortunately, though, it looks like the rest of 2021
- [Is the Biden Administration Eliminating Non-Compete Agreements?](https://www.simonpaschal.com/2021/08/13/is-the-biden-administration-eliminating-non-compete-agreements/) - On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy. The EO outlines a need to create a fair, open, and competitive marketplace. A lot of the areas identified are non-employment related areas such as cable/internet providers and costs, farming, and government contracts. The EO does, however, contain
- [Federal Court in Texas Confirms Employers Can Mandate COVID-19 Vaccine](https://www.simonpaschal.com/2021/08/13/federal-court-in-texas-confirms-employers-can-mandate-covid-19-vaccine/) - In June, a judge in the U.S. District Court of Texas - Southern Division, confirmed employers can terminate employees for refusing to get the COVID-19 vaccine. In a lawsuit brought by more than 100 employees at Houston Methodist Hospital, U.S. District Judge Hughes granted Methodist's motion to dismiss the lawsuit. The employees attempted to allege
- [Changes Employers Need to Know Regarding Texas Sexual Harassment Law](https://www.simonpaschal.com/2021/08/13/changes-employers-need-to-know-regarding-texas-sexual-harassment-law/) - Starting on September 1, 2021, Texas' sexual harassment law will have some fairly significant changes. This past summer, both the Texas state house and senate passed amendments to Section 21 of the Texas Labor Code. The most significant change is that the law will now apply to companies with one employee or more (previously the
- [Amazon Abandons Arbitration: Should My Company Follow Suit?](https://www.simonpaschal.com/2021/08/13/amazon-abandons-arbitration-should-my-company-follow-suit/) - You are likely already bound by many mandatory arbitration clauses tucked away in your contractual agreements, whether as an employer, employee, or even a consumer. This has traditionally been the route for companies hoping to deter class action claims from customers and employees, and to keep their disputes out of the public eye. However, after
- [Increased Need to Protect Trade Secrets and Data with Remote Work](https://www.simonpaschal.com/2021/07/26/protect-trade-secrets-remote-work/) - Every employer in Texas should be thinking about ways to protect trade secrets and take steps to prevent the misappropriation of trade secrets. Yet with increased remote work due to the COVID-19 pandemic, there is an increased need for many employers in Texas and across the country to consider ways to protect classified information. Our
- [What is an EEO-1 Report (And Do We Need to File One?)](https://www.simonpaschal.com/2021/07/12/what-is-an-eeo_1-report/) - If you own a business in Texas and have employees, it is critical to know about EEO-1 data collection and whether or not your company is required by federal law to file an EEO-1 Component 1 report. You might be wondering, what is an EEO-1 report, and does my business need to file one? The
- [Will the “Economic Reality” Test for Independent Contractors be Changed Under the New Administration?](https://www.simonpaschal.com/2021/06/30/economic-reality-test-independent-contractors/) - Many Texas employers whose worker classification is difficult to determine have questions about the new administration’s U.S. Department of Labor (DOL) rules regarding independent contractors. More specifically, the test that employers should apply to determine whether a worker is an independent contractor or an employee may not be clear given that the Trump-era independent contractor
- [Are Employees Required PTO to Get a COVID Vaccine?](https://www.simonpaschal.com/2021/06/15/pto-covid-vaccine/) - Employers in Texas with employees who need or want to receive the COVID-19 vaccine might have questions about offering time off to get the shot. Are Texas employers required to provide paid time off (PTO) for their employees to get the vaccine? Texas Law Does Not Require Paid Leave for COVID-19 Vaccines Texas currently
- [When Can I Fire an Employee for Conduct Outside of Work?](https://www.simonpaschal.com/2021/05/28/firing-employee-conduct-outside-work/) - Texas employers are becoming more concerned with employees’ conduct outside the workplace, particularly when an employee’s actions are posted on social media sites and could reflect poorly on the business. According to a recent article in the Houston Chronicle, many Texas business owners have concerns about employee behavior negatively impacting the company, whether it is
- [Is a Business Legally Required to Follow its Own Policies/Handbook?](https://www.simonpaschal.com/2021/05/17/business-legally-required-follow-workplace-policies/) - Business owners in Texas should have written policies and, ideally, an employee handbook that compiles all of the policies and expectations within the workplace. Employee handbooks can provide important information and protections for the employee and employer alike. Yet situations might arise in which an employer believes that a particular policy that is written in
- [Damages to Expect in Common Employment Law Cases](https://www.simonpaschal.com/2021/04/29/damages-employment-law-cases/) - When facing a workplace claim or lawsuit from a current or former employee, it is useful for employers to know the types of damages they may be expected to pay in common employment law cases. Generally speaking, whether an employee has filed a wage and hour violation claim, an employment discrimination case, a retaliation case,
- [EEOC Releases Changes to Compliance Manual on Religious Discrimination](https://www.simonpaschal.com/2021/04/26/eeoc-changes-compliance-manual-religious-discrimination/) - Employers in Texas should be aware of the recent compliance manual changes from the U.S. Equal Employment Opportunity Commission (EEOC) on religious discrimination in the workplace. The changes to the compliance manual focus specifically on religious discrimination under Title VII of the Civil Rights Act of 1964. As the EEOC explains, “under Title VII, an
- [Simon | Paschal Selected One of the Best Employment Firms in Frisco](https://www.simonpaschal.com/2021/04/03/simon-paschal-selected-one-of-the-best-employment-firms-in-frisco/) - 2021 is off to a great start! Expertise.com scored 42 employment law firms in Frisco, Texas and picked their Top 7. Simon | Paschal is grateful to be among that top 7! Check out the list here.
- [Department of Labor Audit Checklist: Wage & Hour Audit](https://www.simonpaschal.com/2021/03/25/department-labor-audit-checklist-wage-hour-audit/) - Employers in Texas are required to comply with federal wage and hour laws, among other laws and regulations, enforced by the U.S. Department of Labor (DOL). Audits conducted by the Department of Labor can focus on a variety of employment law issues such as wage and hour rules, workplace safety, and family and medical leave
- [Understanding the Whistleblower Lawsuit Against Attorney General Paxton](https://www.simonpaschal.com/2021/03/15/whistleblower-lawsuit-attorney-general-paxton/) - Who is an employer in Texas and who counts as an employee according to the Texas Whistleblower Act? Those are questions that surround the lawsuit against Texas Attorney General Ken Paxton, who is facing claims from four former aides under Texas whistleblower law. According to a recent report in the Texas Tribune, those four former
- [Simon | Paschal Says: Be Careful with Kindness](https://www.simonpaschal.com/2021/03/12/simon-paschal-says-be-careful-with-kindness/) - It's that time again for another Simon | Paschal Says opinion column. This opinion deals with kindness and the pitfalls employers face when they are too kind. Before you fire off that angry email to us about how important kindness is, let us clarify what me mean by being careful with kindness. First and foremost,
- [The "Post" COVID Workplace](https://www.simonpaschal.com/2021/03/12/the-post-covid-workplace/) - Anyone that has followed the news understands that COVID is not going away any time soon. So while we think it's important to talk about the "post" COVID workplace, it's not really all that "post." That said, there are some new normals and some considerations of which all employers should be mindful. Vaccinations With the
- [The NLRB in a Non-Union Setting](https://www.simonpaschal.com/2021/03/12/the-nlrb-in-a-non-union-setting/) - Many non-union employers fail to realize that the National Labor Relations Act still applies to them. While the NLRA is most often applied in the union setting, at its most basic level, the NLRA protects the right of employees to engage in protected concerted activity. Such protected concerted activity can occur in a union or
- [Do Texas Employers Have to Pay Employees for Work Missed Due to Inclement Weather?](https://www.simonpaschal.com/2021/03/12/do-texas-employers-have-to-pay-employees-for-work-missed-due-to-inclement-weather/) - The recent 2021 winter storm in Texas shut down a large portion of the state for the week. Lack of electricity forced the closing of many businesses. Those businesses that were able to stay open had numerous absences from employees who could not travel to work because of the snow and ice or could not
- [Transacting Business in Multiple States](https://www.simonpaschal.com/2021/03/12/transacting-business-in-multiple-states/) - Are you registered to do business in every state in which you provide services? What about those states in which your client is based but you provide all your services remote? Or that state in which you have a remote employee who moved away from your corporate office when most businesses transitioned to remote workers
- [How to Conduct a Remote Workplace Investigation](https://www.simonpaschal.com/2021/02/25/remote-workplace-investigation/) - Given that many workplaces continue to operate with a largely or entirely remote workforce due to the COVID-19 pandemic, it is important for employers to understand the basics of conducting a thorough and effective remote workplace investigation. Many employers in Texas have developed methods and strategies for workplace investigations more generally, but some of those
- [Back to the Basics: Protecting Trade Secrets](https://www.simonpaschal.com/2021/02/15/protecting-trade-secrets/) - When you hire employees to work for your company, it is essential that you know how to protect trade secrets and to ensure that employees do not use information they learn while working for your company in ways that ultimately could harm your business. One of the first topics of examination in any litigation over
- [The Importance of Job Descriptions & Standard Operating Procedures](https://www.simonpaschal.com/2021/01/26/job-descriptions-standard-operating-procedures/) - Every employer in Texas should understand the importance of job descriptions and standard operating procedures (SOPs) in running a business. Attempting to run a business and to hire employees without these guiding documents can create a variety of problems for your company. You should think of job descriptions and SOPs as roadmaps that provide a
- [What is the WARN Act in Texas?](https://www.simonpaschal.com/2021/01/26/warn-act-requirements/) - Employers in Texas need to learn about the federal Worker Adjustment and Retraining Notification (WARN) Act, and how it applies to employees in the state. While some states have their own state-specific versions of the WARN Act that provide additional protections to employees, Texas does not have one of these laws. Accordingly, employers need to
- [How Will the New I-9 Form Affect Our Hiring?](https://www.simonpaschal.com/2020/12/30/new-i9-affect-hiring/) - Whether you are planning to make a couple of new hires in the coming months or you are expanding your business significantly and will bring on many new employees, you may be wondering if the new I-9 form will affect your hiring practices. As you know, an I-9 form is used to verify an employee’s
- [Can I Video Record an Interview? Are There Legal Issues to Consider?](https://www.simonpaschal.com/2020/12/18/video-record-interview/) - Employers in Texas who are planning to hire new employees might be thinking about ways to revisit the interviews prior to making a hiring decision. In some cases, members of the hiring team might not be able to be present for all of the interviews, so you might be considering options for ensuring that everyone
- [What are the Legal Risks of “Joint Employers”?](https://www.simonpaschal.com/2020/11/19/legal-risks-joint-employers/) - The Fair Labor Standards Act (FLSA) is a federal law that governs wage and hour issues for employees across the country. The FLSA has specific requirements when it comes to overtime pay and minimum wage, and all employers must abide by the FLSA when paying employees. Specifically, the FLSA requires all non-exempt employees to be
- [Are Salespeople Exempt Under FLSA?](https://www.simonpaschal.com/2020/11/19/are-salespeople-exempt-under-flsa/) - While many employees are eligible for a certain amount of overtime pay and a minimum wage under the FLSA, certain types of employees are exempt. With exempt employees, employers are not required to pay overtime according to the FLSA. One example of such exempt employees are those employees that meet the requirements of the “outside
- [Understanding Overtime Salary Cutoff Rules in 2020](https://www.simonpaschal.com/2020/10/29/overtime-salary-cutoff-rules-2020/) - If you run a business in Texas and have employees, it is critical to learn more about the new Department of Labor overtime rule that changes the way overtime pay is handled for many employees. The new rule took effect on January 1, 2020, and it remains in effect. What does the new rule do?
- [Does Remote Work Increase Risk of Wage/Hour Claims?](https://www.simonpaschal.com/2020/10/22/remote-work-increase-wage-hour-claims/) - The onset of COVID-19 in the United States has resulted in many workplaces shifting to a partial or completely remote workplace, which means that many employees are now working from home when they were not prior to the pandemic. Shifting to a work-from-home model can have many complications for employers, including wage and hour issues.
- [Simon | Paschal Says: A Time for HeaRt](https://www.simonpaschal.com/2020/09/29/simon-paschal-says-a-time-for-heart/) - This may seem like a funny thing to hear employment lawyers say, but now more than ever it is time for Human Resources to truly exhibit HeaRt. Our capitalization and bolding of the word heart are intentional because as the great Michael Scott would say, “HR is in the word.” 2020 has been a tough
- [Personnel Actions: Layoffs & PTO](https://www.simonpaschal.com/2020/09/29/personnel-actions-layoffs-pto/) - As businesses and employers are getting a better handle on their staffing needs after several roller coaster months of COVID-19, the fortunate businesses are facing decisions about bringing people back to work who had previously been laid off and also addressing paid time off of employees that may not have utilized much of it. With
- [Election Season Considerations](https://www.simonpaschal.com/2020/09/29/election-season-considerations/) - 2020 is the year that everything that could possibly happen…happened. It seems only normal, then, that 2020 is also the year of a U.S. Presidential election. No matter where you stand as an HR professional on the political spectrum, you must navigate the election season in the workplace. With that in mind, let’s discuss just
- [Supreme Court Update](https://www.simonpaschal.com/2020/09/29/supreme-court-update/) - While many of us were focused on COVID-19 over the summer, the United States Supreme Court issued three major decisions affecting the workplace. Here is what you need to know. LGBTQ Protections The Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBTQ workers. The majority decided the
- [COVID-19 Update](https://www.simonpaschal.com/2020/09/29/covid-19-update/) - As the COVID-19 pandemic continues throughout the country, employers have continued to adapt and “change” has become the norm. Now is a good time to take stock of where we are and what employers need to know about COVID-19 in the workplace. Families First Coronavirus Response Act As a reminder, the Families First Coronavirus Response
- [Lawsuit Claims Violation of FFCRA](https://www.simonpaschal.com/2020/09/29/ffcra-violation-lawsuit/) - Employers in Texas should be aware of a recent lawsuit in which an employee alleged that her employer violated the Families First Coronavirus Response Act (FFCRA). Even if you are an employer that is too large to be covered by the FFCRA, this lawsuit is particularly important for you to learn about in more detail.
- [Can Employers Require Employees to Self-Quarantine?](https://www.simonpaschal.com/2020/09/14/requiring-employees-self-quarantine/) - If you own a business and you are preparing to bring employees back to work in-person in the Dallas area, or if you already have employees working in-person at your business, you may have questions about your rights as an employer based on COVID-19 exposure and risks. In other words, you might be wondering whether
- [How Does Sabine Pilot Service v. Hauck Apply to Current Legal Issues?](https://www.simonpaschal.com/2020/08/26/cant-terminate4-refusing-illegal-act/) - In 1985, the Supreme Court of Texas decided the case of Sabine Pilot Service, Inc. v. Hauck. The ruling has become a significant one for employers in Texas because it concerns an employee who filed a claim against his employer after he refused to commit an illegal act. The Texas Supreme Court established a limited
- [Are Employers Required to Provide Appropriate PPE for Employees?](https://www.simonpaschal.com/2020/08/24/employers-required-2-provide-ppe/) - If you own a business in Dallas and have employees, you probably have a wide variety of questions about your responsibilities as an employer during the COVID-19 pandemic. The U.S. Centers for Disease Control and Prevention (CDC) has issued recommendations for safe in-person workplaces that include personal protective equipment (PPE), depending upon the type of
- [California Attorney General Says Rideshare Drivers are Employees, Not Independent Contractors](https://www.simonpaschal.com/2020/07/29/ca-rideshare-drivers-r-employees/) - If you are an employer in Texas who hires independent contractors with any frequency, or even on a temporary basis, you should be paying attention to the rideshare lawsuit in California. As outlined in a recent article in The New York Times, California sued Uber and Lyft, two prominent rideshare companies, alleging that they have
- [Are There Notice Requirements for Laying Off or Furloughing Employees?](https://www.simonpaschal.com/2020/07/15/notice-requirements-layoffs-furloughs/) - Throughout the COVID-19 pandemic, many employers in Dallas and across Texas have had to contend with severe economic losses. As a result of business closures and lost revenue, many employers in Dallas have had to furlough or lay off employees. We know that this is an incredibly difficult process for many employers, and we also
- [How COVID-19 Affects Workers’ Compensation Claims ](https://www.simonpaschal.com/2020/07/08/covid-19-workers-compensation-claims/) - Many employers in Texas closed temporarily during the stay-at-home orders issued in March, leading to many employees working from home. At the same time, many businesses classified as “essential” remained open during the stay-home orders, continuing to employ workers. In the past weeks, Texas has begun opening up again, and many businesses have reopened and
- [Employment Law Issues to Consider Before Reopening Your Business](https://www.simonpaschal.com/2020/07/02/employment-law-issues-consider-b4-reopening/) - In Texas, many businesses have started the process of reopening after stay-at-home orders designed to prevent the spread of COVID-19 infections have been lifted. As many employers consider reopening their businesses in Dallas and throughout Texas, it is important to consider a variety of legal and liability issues that could impact your business. While distinct
- [A Season of Change for Human Resources](https://www.simonpaschal.com/2020/06/29/a-season-of-change-for-human-resources/) - On Saturday, June 20, we marked the official start of summer. That day is known as the summer solstice, the longest day of the year and the day on which the sun reaches its highest and northernmost points in the sky. With the start of summer, we close out spring and we turn to thoughts
- [US Supreme Court Issues LGBT Discrimination Decision](https://www.simonpaschal.com/2020/06/15/us-supreme-court-issues-lgbt-discrimination-decision/) - On June 15, 2020, the U.S. Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBT workers. Justice Gorsuch authored the majority opinion and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan. The majority decided the case on a very simple basis –
- [Protect Against Sexual Harassment Claims for Remote Work](https://www.simonpaschal.com/2020/05/27/remote-work-sexual-harassment/) - Now that businesses throughout the Dallas area have shifted to remote work as a result of the coronavirus pandemic, many employees find themselves working online from home. Meetings that may have been held in-person within the office setting or around a workplace conference table have now shifted to Zoom or other virtual meeting platforms. Yet,
- [Can I Require Employees to Wear Masks or Other Equipment?](https://www.simonpaschal.com/2020/05/18/requiring-employees-to-wear-masks/) - ** This post was originally made in May 2020 but has been updated due to recent changes. Be aware that as a result of the fluid situation involving COVID-19, the below is up to date as of late June 2020. Things could change that affect the below. We will do our best to update but
- [The SP Opinion: Reconsider Progressive Discipline](https://www.simonpaschal.com/2020/04/28/the-sp-opinion-reconsider-progressive-discipline/) - Progressive discipline dates back almost 100 years and is considered standard procedure for the vast majority of employers. If you fall in the majority, have you stopped to consider why you use a progressive discipline policy and whether it is time for a change? The idea of a progressive discipline policy is to give employees
- [Planning for the Return to Work](https://www.simonpaschal.com/2020/04/28/planning-for-the-return-to-work/) - While no one knows when the local, state, and federal governments will allow all employees to return to the office and conduct business as “normal,” we do know that at some point in that future that will occur. Anticipating now the issues you’ll face as you consider bringing back employees is critical to ensuring a
- [Safe Place to Work? Issues to Consider with Your Remote Workers](https://www.simonpaschal.com/2020/04/28/safe-place-to-work-issues-to-consider-with-your-remote-workers/) - In March, numerous businesses were forced to close their physical offices and create work from home opportunities for their employees to ensure efficient operations continued. For some companies that had already converted to a virtual remote workspace, this transition was easy. For the majority of businesses, however, this was unexpected and presented numerous growing pains.
- [Dallas Paid Sick Leave Update](https://www.simonpaschal.com/2020/04/28/dallas-paid-sick-leave-update/) - On the eve of the first day of enforcement for the Dallas Paid Sick Leave law, Judge Sean Jordan of the U.S. District Court of the Eastern District of Texas issued a temporary injunction stopping application and enforcement of the law. So what does this mean for companies with employees that were subject to the
- [Enforceability of Employment Arbitration Agreements](https://www.simonpaschal.com/2020/04/28/enforceability-employment-arbitration-agreements/) - If you are hiring new employees or developing a new employment contract, you may be wondering if you put an arbitration agreement in the contract. For many employers, arbitration agreements are preferable for resolving employment disputes that may arise at a later date. However, it is extremely important for employers to ensure that arbitration agreements
- [Growing Use of Non-Compete Clauses in Employment Contracts](https://www.simonpaschal.com/2020/04/13/non-compete-clauses-employment-contracts-increasing/) - More employers are turning to non-compete clauses when drafting employment law agreements and contracts. In fact, according to a research paper in the University of Michigan Law School’s Law and Economics Research Paper Series, as of about five years ago, as many as 20% of employees who had employment contracts were bound by non-compete clauses.
- [DOL Releases Regulations Interpreting Families First Coronavirus Response Act](https://www.simonpaschal.com/2020/04/02/dol-regulations-interpret-ffcra/) - CLIENT ALERT – April 2, 2020 Yesterday, the Department of Labor released temporary regulations interpreting and explaining the new Families First Coronavirus Response Act (“FFCRA”) that went into effect April 1, 2020. The full DOL summary and regulations can be found at the following link: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf. In addition, the IRS released guidance regarding the FFCRA
- [Info on Families First Coronavirus Response Act](https://www.simonpaschal.com/2020/03/24/families-first-coronavirus-response-act/) - CLIENT ALERT – March 24, 2020 Updated Information Regarding Families First Coronavirus Response Act As you know from our previous update, the Families First Coronavirus Response Act was passed on March 18, 2020 and goes into effect on April 2, 2020. As we indicated in that update, the Department of Labor is expected to introduce
- [Coronavirus, Employment Laws & the Workplace](https://www.simonpaschal.com/2020/03/23/coronavirus-employment-law-workplace/) - CLIENT ALERT – March 19, 2020 What Employers Need to Know Regarding the Coronavirus Impact on the Workplace COVID-19 (otherwise known as the coronavirus) is rapidly changing the world as we know it. There are many important and pressing issues arising from the spread of the virus and we encourage you to stay informed via
- [Understanding Background Checks and the Hiring Process](https://www.simonpaschal.com/2020/03/18/understanding-background-checks-hiring-process/) - When employers are hiring a new employee, it is common for them to conduct background checks on applicants prior to making an offer or entering into an employment agreement. Yet it is essential for employers to understand what it means to be in compliance with federal and state laws concerning background checks, from gathering information
- [If an Employee Can Only be Fired for Cause, What Situations Apply?](https://www.simonpaschal.com/2020/03/05/fired-for-cause/) - Most employers in Dallas know that Texas is an “at-will” state, which means that employees can be terminated at any time and for any reason as long as the reason is not prohibited by federal or state law. For example, an employer cannot terminate an employee because of that employee’s age, sex, or race (and
- [New Salary Requirements for the White Collar Overtime Exemptions](https://www.simonpaschal.com/2020/02/28/salary-requirement-changes-overtime-exemptions/) - The Fair Labor Standards Act (FLSA) states that “covered employees” must receive overtime pay for those hours worked that exceed 40 hours in one workweek. In fact, the FLSA also outlines the rate of pay - one and one-half times your regular rate of pay. There are some exceptions to this rule. The FLSA passed
- [Is Depression Covered Under the ADA (Americans With Disabilities Act)?](https://www.simonpaschal.com/2020/02/15/is-depression-covered-under-ada/) - According to the Americans with Disabilities Act (ADA), a disability is described as any physical or mental impairment that substantially limits a major life activity. Clinical depression is considered a disability under the ADA, yet not everyone who experiences depression is protected. Business owners should remember that just as no two people are the same,
- [Back to the Basics: What is National Origin Discrimination?](https://www.simonpaschal.com/2020/01/30/national-origin-discrimination/) - Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate, among other protected categories, based on national origin. National origin discrimination means treating people, namely job applicants or employees, adversely because of their country of origin, because of ethnicity or accent, or because they appear to be part of a certain
- [More Females in the C-Suite, but Still No Gender Parity](https://www.simonpaschal.com/2020/01/21/gender-diversity/) - Gender diversity has been at the forefront of the workplace equality conversation for a number of years. Recently, McKinsey & Company released its detailed 2019 Women in the Workplace Report. The Women in the Workplace Report found that while the percentage of women in senior leadership roles has grown over the last five years, there
- [Are Employment Handbooks Legally Binding?](https://www.simonpaschal.com/2019/12/27/employment-handbook-legally-binding/) - Does your employment handbook contain specific language indicating that it should not be considered a contract? If it does not, then your company handbook potentially could be considered a legally binding document between employer and employee. While rare, an employee handbook can inadvertently create a contract in certain instances. Legally, the key factor in determining
- [Understanding "Notice and Cure" Provisions in Employment Contracts](https://www.simonpaschal.com/2019/12/12/notice-and-cure-employment-contracts/) - Although Texas is an “employment at-will” state, some companies utilize employment contracts with increasing frequency. Many of those employers include a “notice and cure” provision in their employment contracts. When a “notice and cure” term is included in an employment contract, the agreement includes a length of time during which a problem, or potential terminable
- [What is Associational Discrimination in Texas?](https://www.simonpaschal.com/2019/11/29/what-is-associational-discrimination-texas/) - Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the bases of race, color, national origin, sex, and religion. The act prohibits discrimination with respect to a number of actions such as hiring, firing, failing to promote, transferring, or declining to hire a prospective employee. Courts have universally held that
- [Can Employers Dictate Employee Physical Appearance on the Clock?](https://www.simonpaschal.com/2019/11/22/employers-dictating-appearance-at-work/) - An employee's physical appearance in the workplace can be important to an employer's brand. However placing unyielding requirements on employees’ physical appearance at work could potentially violate federal discrimination laws. Can Employers Impose a Dress Code? Generally speaking, employers have the legal right to establish dress and grooming codes for employees. Some companies require formal
- [Can Telecommuters Receive Workers’ Compensation Benefits?](https://www.simonpaschal.com/2019/10/29/workers-comp-4-telecommuters/) - Generally, yes, a person who is working from home can receive worker’s compensation benefits so long as he or she sustained an injury during the course of employment. The employee would bear the burden of proving that the injury did indeed stem from a work-related activity. Some common terms used when discussing a worker’s
- [What Accommodations Does the ADA Require for Animals in the Workplace?](https://www.simonpaschal.com/2019/10/15/ada-accommodations-animals-workplace/) - Service animals can help people who have disabilities carry out their daily activities. Specifically, dogs can be trained to perform many tasks to support people such as providing balance for a person who has difficulty walking, picking up items for a person who is unable to do so, or preventing someone with a mental impairment
- [Can Employers Restrict Employees Online Work-Related Speech?](https://www.simonpaschal.com/2019/09/28/restricting-online-work-related-speech/) - Many people mistakenly believe that the First Amendment to the United States Constitution guarantees their right to free speech under any and all circumstances. The First Amendment actually states: “Congress shall make no law . . . abridging the freedom of speech . . .” Originally, this law was created to allow for political discourse
- [Protecting Your Company from Retaliation Claims After a Firing](https://www.simonpaschal.com/2019/09/16/retaliation-protection-after-firing/) - Inevitably, as your business grows and shifts, employee turnover becomes a fact of life and it will become necessary to hire and fire employees. As you move forward in the life of your business, it is important to note that not only must businesses allow and provide mechanisms for employees to report claims of discrimination
- [Preparing for a Form I-9 Audit From ICE](https://www.simonpaschal.com/2019/08/27/prep4-i9-audit-ice/) - The employment eligibility requirement form, or the Form I-9, aims to verify the identity of an individual and whether he or she is employable in the United States. According to the U.S. Citizenship and Immigration Services, all U.S. employers must complete a Form I-9 for each paid employee - both citizens and noncitizens. There is
- [How to Handle Workplace Bullying](https://www.simonpaschal.com/2019/08/16/handling-workplace-bullying/) - Bullying takes place everywhere, from the sandbox to the boardroom. In fact, a Society of Human Resources Management survey found that about 51% of employees have suffered from bullying in the workplace. Our own Dustin Paschal even consulted recently on the book by Pete Havel, “The Arsonist in the Office: Fireproofing Your Life Against Toxic
- [Retention Agreements to Protect Employers](https://www.simonpaschal.com/2019/07/30/retention-agreements/) - An employee retention agreement is a contract between an employer and the business that outlines specific terms of employment; specifically, that the employee will remain at the company for a set period of time and be provided a guaranteed bonus after a set length of time. This type of agreement is designed to help your
- [Problems and Pitfalls with Workplace Investigations](https://www.simonpaschal.com/2019/07/22/workplace-investigations-problems-pitfalls/) - Human resources managers and others involved in operations for businesses of all sizes often are tasked with performing investigations to determine if wrongdoing has occurred in the workplace. When addressing allegations of misconduct, employers and their representatives should approach complaints and investigations in a fair and objective manner. This can be easier said than done,
- [Is Docking an Employee’s Pay OK?](https://www.simonpaschal.com/2019/06/27/docking-employee-pay/) - Employers use a variety of tools to manage their workers. Sometimes, employers choose to institute deterrents in the form of reductions in pay (docking) for unproductive habits or inappropriate behaviors in the workplace. While employers do have the ability to increase and decrease wages, when an employee’s pay is docked as punishment, employers might be
- [New TWC Rule Reclassifies App-Based Company Workers](https://www.simonpaschal.com/2019/06/17/reclassifying-app-company-gig-workers/) - The Texas Workforce Commission has approved a controversial new rule applicable to "gig economy" workers that would change regulations for app-based companies that hire contractors. In a “gig economy” (a.k.a. “freelancer economy” or “sharing economy”) workforce conditions are such that short-term jobs and temporary contracts are common. This new TWC rule change is particularly impactful
- [Are Managers Ever Personally Liable for Wage & Hour Violations?](https://www.simonpaschal.com/2019/05/31/managers-personally-liable-flsa-violations/) - While companies break wage and hour laws all the time, depriving their employees of the earnings they deserve, the fault does not always lie with the company alone. A manager can be held personally liable if his or her company fails to adhere to the Fair Labor Standards Act's regulations regarding overtime and minimum wage
- [Tips to Avoid an Age Discrimination Lawsuit](https://www.simonpaschal.com/2019/05/20/avoiding-age-discrimination-lawsuits/) - The Age Discrimination in Employment Act (ADEA) is a federal law prohibiting employers from discriminating against employees and job applicants 40 years old or older on the basis of their age. The ADEA applies to job advertisements, interviews, hiring practices, wages, promotions, disciplinary actions, job evaluations, job assignments, and termination. For a private business to
- [Types of FLSA Audits: Position Audits and Compliance Audits](https://www.simonpaschal.com/2019/04/30/flsa-audits-position-vs-compliance/) - The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting full and part-time employees. The Wage and Hour Division of the Department of Labor is entrusted to enforce the rules and regulations of the FLSA and has the authority to investigate an employer’s policies, practices, procedures, and
- [What to do if an Employee is Abusing FMLA](https://www.simonpaschal.com/2019/04/16/when-employees-abuse-fmla/) - The Family and Medical Leave Act (FMLA) requires that certain employers (those with 50 or more employees) allow their eligible employees to take covered unpaid medical or caregiver leave. While FMLA can be a great tool for employers and employees alike, sometimes employees take advantage of the Act in order to avoid or minimize work.
- [Dustin Paschal Named Both Rising Star and Super Lawyer 2019](https://www.simonpaschal.com/2019/04/03/dustin-paschal-named-both-rising-star-and-super-lawyer-2019/) - Dustin continued his streak of being recognized as a Rising Star by Texas Super Lawyers. Dustin has received this recognition every year since 2012. In addition, Dustin was also recognized as a Super Lawyer in 2019. Check out Dustin's profile here!
- [Should Employers be Able to Ban Employees from Using e-Scooters at Work?](https://www.simonpaschal.com/2019/03/28/banning-escooters-during-workday/) - In Austin, Dallas, and other major metropolitan areas throughout Texas, the use of e-scooters by employees is on the rise. As an employer, it is critically important to understand the growing phenomenon of e-scooters as a means of transportation, your potential liability as an employer, and how to minimize your risks when employees choose to
- [Limitations on Testing Employees for Marijuana Use](https://www.simonpaschal.com/2019/03/15/limits-testing-employees-4-marijuana/) - With the ever-evolving laws regarding marijuana use across the country, Texas employers may have questions about testing employees for use of the substance. While many states have legalized marijuana for medicinal and recreational use, Texas continues to ban its use except in extremely limited circumstances. Federal and state laws also give considerable latitude to employers
- [The Legality of Pre-Employment Medical Exams](https://www.simonpaschal.com/2019/02/28/legality-pre-employment-medical-exams/) - As an employer, some roles within your company may require employees who meet certain health and medical criteria. Jobs that involve lifting heavy objects, manual labor, and other physical tasks mandate a certain type of employee, and even less labor-intensive tasks at your company may require a specific standard of health and wellness. As an
- [Can We Sue a Former Employee for Defamation?](https://www.simonpaschal.com/2019/02/19/suing-former-employee-4defamation/) - The short answer is yes, but the real question at the end of the day is should an employer sue a former employee for defamation. If a former employee makes a false statement about his or her former employer publicly, the business owner (corporation, partnership, individual, etc.) could have the basis for a defamation
- [FMLA Key Employee Exception](https://www.simonpaschal.com/2019/01/21/fmla-key-employee-exception/) - The Family and Medical Leave Act (FMLA) enables eligible workers to receive unpaid job-protected leave for certain family and medical reasons. The Act requires that the employee’s health insurance coverage be maintained during the leave period under the same terms as if the worker had not taken leave. In accordance with the FMLA, workers are
- [Creating a Successful Workplace Diversity Program](https://www.simonpaschal.com/2019/01/07/create-workplace-diversity-program/) - Creating a successful workplace diversity and inclusion program can be quite a challenge. Considering all the factors involved, including age, gender, race, and sexual orientation, is what makes the endeavor so difficult. Consider the following important details to create the strongest diversity and inclusion program possible. Why Create a Diversity and Inclusion Program? There
- [Companies with Inaccessible Career Portals Facing ADA Litigation](https://www.simonpaschal.com/2018/12/28/career-portal-ada-litigation/) - Over the course of the last few months, members of Congress as well as state attorneys general have requested that (former) United States Attorney General Jeffrey Sessions provide further details about what requirements business websites and HR career portals must meet to comply with the Americans with Disabilities Act (ADA). At the moment, it is
- [Play it Safe with Your Corporate Gift & Entertainment Policy](https://www.simonpaschal.com/2018/12/14/gift-entertainment-policy/) - As you create workplace policies for your organization’s employee handbook, it’s important to include a section on entertainment and gifts. Corporate gifts and entertainment can be misused and misconstrued, placing your company in legal hot water. As you create the policy, it’s important to keep the following in mind: Keep Your Gifts Legal It
- [Texas Weapons at Work Policies](https://www.simonpaschal.com/2018/11/27/weapons-at-work-policy/) - Thanks to legislation that went into effect in January of 2016, licensed gun owners in Texas are now allowed to carry weapons in holsters as long as those weapons are visible. This is an addition to an older law allowing for the concealed carry of weapons in the state with a license. Licenses were available
- [Texas Whistleblower Laws for Employers](https://www.simonpaschal.com/2018/11/20/avoiding-whistleblower-cases/) - Texas Whistleblower Laws To inspire workers to report financial, environmental, or safety violations made by their employers, the federal government enacted whistleblower laws designed to protect the reporting employee and punish the violating employer. Like many states, Texas adopted its own whistleblower laws to aid employees who wanted to report various violations not covered by
- [Employer Guidelines for the Exit Interview](https://www.simonpaschal.com/2018/10/23/employer-guildelines-exit-interview/) - While there is no law in Texas that requires an employer to conduct exit interviews for departing employees, many businesses do so anyway. The exit interview can provide valuable insights into the employee experience and can pave the way for a company’s future growth and improvement. The guidelines below are best practices for employers to
- [Potential Pitfalls of BYOD Policies](https://www.simonpaschal.com/2018/10/15/pitfalls-byod-policies/) - With the tremendous growth in ownership of personal technology, bring-your-own-device (BYOD) policies are more common in the workplace today than ever before. While it is possible for a company to operate effectively while allowing their employees to use their personal computers and phones for work, it is vital to consider the potential pitfalls that
- [Texas Workers' Compensation Essentials](https://www.simonpaschal.com/2018/09/28/tx-workers-compensation/) - What Employers Need to Know About Workers' Compensation in Texas Each state has its own workers’ compensation laws, and Texas is no exception. Workers’ compensation laws are designed to aid workers who are injured at work with their medical bills and other damages incurred as a result of the accident. Below is a brief overview
- [SCOTUS Decision on Class Action vs. Arbitration](https://www.simonpaschal.com/2018/09/24/scotus-class-action-arbitration/) - Understanding the Supreme Court Decision on Class Action Arbitration Agreements, Epic Systems v. Lewis On May 21, 2018, the U.S. Supreme Court decided in a landmark case, Epic Systems v. Lewis, that individual arbitration clauses between employers and employees must be enforced, thus making it more difficult for employees to file class action lawsuits. This
- [Most Misunderstood COBRA Components](https://www.simonpaschal.com/2018/08/24/cobra-misunderstood-elements/) - As workforces evolve, it is imperative for employers to stay abreast of fluctuating healthcare mandates, and changes in employment law as they are introduced. Signed into law by President Reagan in 1985 and effective April 7, 1986, the Consolidated Omnibus Budget Reconciliation Act (COBRA) establishes insurance continuity for workers paying premiums under group policies.
- [USERRA & Employer Compliance Requirements](https://www.simonpaschal.com/2018/08/09/userra-employer-compliance/) - Servicemen and women are often called away from their place of employment to deploy overseas, to engage in domestic military exercises, or to attend weekend training. Under USERRA, or Uniformed Services Employment and Reemployment Rights Act of 1994, employers are required to honor the commitments of military personnel without prejudicial treatment upon their return. All
- [ADEA, OWBPA & Age Discrimination](https://www.simonpaschal.com/2018/07/20/adea-owbpa-age-discrimination/) - The Age Discrimination in Employment Act (ADEA) is a federal law which forbids an employer (with 20 or more employees) from discriminating against employees aged 40 and over on the basis of age. The Act covers discrimination “in any aspect of employment” including hiring, promotions, pay, benefits, training, job assignment, layoffs and firing. Employers should
- [Understanding Employment At Will](https://www.simonpaschal.com/2018/07/10/texas-employment-at-will-basics/) - Texas employment law states that workers in the Lone Star State are employed at will. This means that, unless prevented by statute or an express agreement (e.g. an employment contract), an employer may terminate the relationship with an employee at any time and for any reason, without having to provide justification. Absent a few limited
- [Creating a Workplace Mobile Phone Usage Policy](https://www.simonpaschal.com/2018/06/25/mobile-phone-usage-policy/) - Operating a business in the digital age means accommodating personal technologies such as cell phones, which can be helpful tools in the workplace, particularly in some industries. Mobile phones, when properly used can keep employers more connected to their employees and spark innovations. They can also, however, pose as significant sources of distraction and lost
- [Avoiding Common FMLA Mistakes](https://www.simonpaschal.com/2018/06/11/avoid-common-fmla-mistakes/) - The Family and Medical Leave Act (FMLA) requires that covered employers give their employees up to 12 weeks per year of job-protected, unpaid leave for specific family and medical reasons. The employee has access to the same group insurance while on leave that he or she would have if still at work. Due to the
- [Handling Employee Misconduct & Discipline](https://www.simonpaschal.com/2018/05/30/employee-misconduct-discipline/) - Handling Workplace Misconduct and Employee Disciplinary Action From time to time, employees will engage in conduct that is unsuitable in the workplace. In order to address conduct that is inappropriate, offensive, or dangerous, companies often create a procedure to correct employee misconduct and to address employee discipline. Plans of this nature serve to not only
- [Creating a Corporate Emergency & Disaster Plan](https://www.simonpaschal.com/2018/05/15/corporate-emergency-disaster-plan/) - Businesses of all sizes should prepare for emergencies and disasters because developing emergency and disaster plans address a business’ safety and business needs, as well as provide protection in the event of potential legal action. The best way to accomplish this is to elect a program manager, create a formal plan, and test for effectiveness.
- [Employing Minors in Texas](https://www.simonpaschal.com/2018/04/23/employing-minors-texas/) - Employing a person younger than the age of 18 requires adherence to a specific set of labor laws, referred to as Texas Child Labor Law. The law is not there to prohibit or impede the hiring of minors; rather, child labor laws protect the safety and rights of minors in the workplace. Learn Age- and
- [Handling Layoffs with Compassion](https://www.simonpaschal.com/2018/04/10/handling-layoffs-compassion/) - Proactive management is essential when a company faces the harsh reality of having to lay off members of its workforce. A transition process needs to consider the members who are separating from the team and those who are staying behind. Develop an Overall Strategy A comprehensive strategy should be developed as soon layoffs become necessary.
- [2018 Continued to be an Awarding Year for Simon | Paschal](https://www.simonpaschal.com/2018/04/03/2018-continued-to-be-an-awarding-year-for-simon-paschal/) - Simon | Paschal continued its streak of being recognized as among the best in Texas. Dustin was once again selected as a Rising Star by Texas Super Lawyers. Dustin has been recognized by Texas Super Lawyers since 2012. Paul was selected as a Super Lawyer by Texas Super Lawyers for the 5th straight year.
- [Employing Interns in Texas](https://www.simonpaschal.com/2018/03/26/employing-interns/) - This time of year, many organizations start interviewing potential candidates for summer internships. Internships can be valuable both for interns and business owners. In exchange for work, interns can acquire on the job skills In many organizations, questions will arise over issues such as the number of hours an intern will work and whether or
- [Legality of Workplace Monitoring & Surveillance](https://www.simonpaschal.com/2018/03/13/workplace-monitoring-surveillance-legality/) - If you pay employees to do a job and provide a place for them to do it, the assumption is while they’re on the clock, they’ll be doing it. Unfortunately, that’s not always the case. Employers use workplace surveillance systems not only to be sure employees are working but also to maintain workplace safety, to
- [Creating an Office Fraternization Policy](https://www.simonpaschal.com/2018/02/20/creating-fraternization-policy/) - If only good management just involved helping employees be productive. One of the biggest challenges facing leadership is managing the relationships co-workers have with each other. Your business should already have a sexual harassment policy, but that doesn’t cover other types of relationships that may cause problems. Let employees know company expectations for workplace behavior
- [Establishing a Performance Improvement Plan](https://www.simonpaschal.com/2018/02/09/establishing-performance-improvement-plan/) - When an employee fails to live up to your performance requirements, it is in everyone’s best interest to open communication with them to address the situation. A performance improvement plan (PIP), also known as a performance action plan, can be an effective way to allow employees to make changes needed to correct problems, overcome deficiencies,
- [OSHA's Injury & Illness Prevention Policy](https://www.simonpaschal.com/2018/01/26/osha-injury-illness-prevention/) - Workplace injuries and illnesses cost businesses in the United States billions of dollars every year and devastate the lives of the victims and their families. To address this problem, the U.S. Government created the Occupational Safety and Health Act (OSHA) in 1970. A year later, the Occupational Safety and Health Administration was created. Workplace Injuries
- [Simon | Paschal PLLC Receives Several Accolades in 2017](https://www.simonpaschal.com/2018/01/17/simon-paschal-pllc-receives-several-accolades-2017/) - It was a busy 2017 and some of the "PR" for the firm fell through the cracks. Now that we have started a new year, we wanted to take a brief moment to highlight some of the accolades from 2017. As a firm, Simon | Paschal PLLC was awarded a "Best of Business Award" by
- [Texas Holiday Policy](https://www.simonpaschal.com/2018/01/12/texas-holiday-policy/) - Monday, January 15, 2018 has been designated as a US Federal holiday to commemorate the birthday of Dr. Martin Luther King, Jr. While most national, state, and local government offices close in observance of this holiday, many private employers do not. Those who wish to observe this holiday must use paid time off
- [DOL Alters Intern Test](https://www.simonpaschal.com/2018/01/08/dol-alters-intern-test/) - With the start of the Trump Administration, we anticipated numerous changes and alterations to employment laws. That expectation has occurred and we have already seen several changes, including adjustments to the joint employer test and relaxed NLRB guidance regarding employee handbooks. The changes continued on January 5, 2018. On that day, the
- [Performing Applicant Background Checks in Texas](https://www.simonpaschal.com/2017/12/19/applicant-background-checks-texas/) - Texas Background Check Laws Employers make huge investments in their employees. Therefore, it is in their best interest to thoroughly evaluate applicants to the fullest. Increasingly, this evaluation process may include a background check, to determine if the applicant has a criminal record. This becomes especially important when the candidate will be exposed to sensitive
- [NLRB Takes Action to Reverse Previous Decisions](https://www.simonpaschal.com/2017/12/15/nlrb-to-reverse-previous-decisions/) - Yesterday, December 14, 2017, the National Labor Relations Board issued two decisions particularly important to employers. In the first decision, the NLRB overturned the 2015 decision, Browning-Ferris Industries. In that decision, the Obama-era NLRB decided that indirect control of an employee could constitute a joint-employer relationship. As a result of yesterday’s decision, however, a
- [Legalities of Workplace Wellness Programs](https://www.simonpaschal.com/2017/12/07/legalities-workplace-wellness-programs/) - There are many benefits to a well-constructed and well-run workplace wellness program: employees are healthier and experience fewer absences, the workplace is more productive, and the employer often saves on health costs. However, these programs must be put together in a way that conforms with strict legal requirements. General Issues In most cases, workplace wellness
- [Responding to Unemployment Claims in Texas](https://www.simonpaschal.com/2017/11/27/responding-unemployment-claims-texas/) - Responding to Texas Unemployment Claims The Texas Unemployment Compensation Act (TUCA) provides for the collection and distribution of unemployment benefits to workers in the state of Texas who become unemployed through no fault of their own. Liable employers in Texas (those who meet the minimum liability requirement under TUCA) must report wages paid and pay
- [Drug Testing in the Texas Workplace](https://www.simonpaschal.com/2017/11/06/workplace-drug-testing-texas/) - According to the U.S. Department of Labor, companies lose an estimated $100 billion each year due to drug and alcohol abuse. This is due to workers’ compensation claims, absenteeism, productivity loss, associated medical costs and employee turnover. If your company is considering drug testing for applicants or current employees, the following information will help you
- [What Are Reasonable accommodations Under the ADA?](https://www.simonpaschal.com/2017/10/27/what-are-reasonable-accommodations/) - What Are Reasonable Accommodations Under the ADA? The Americans with Disabilities Act (ADA) offers workers protection from discrimination in the workplace due to disability. Employers with 15 or more employees must abide by the provisions of the act. In addition to prohibiting discrimination based on a protected disability, the ADA requires employers to provide reasonable
- [Employee Data Privacy in the Workplace](https://www.simonpaschal.com/2017/10/13/employee-data-privacy/) - Over the course of a year, employers collect and store a vast amount of private, personal information. This may include dates of birth, driver’s license and social security numbers for employees and their dependents, private medical information, bank account numbers, and even biometric identifiers such as fingerprints or retina scans. Employers are then required to
- [Religious Accommodation in the Texas Workplace](https://www.simonpaschal.com/2017/09/28/religious-accommodation-texas-workplace/) - Title VII of the Civil Rights Act of 1964 protects employees (in companies with 15 employees or more) from religious discrimination and requires that employers reasonably accommodate the sincerely held religious, ethical and moral beliefs and practices of their employees, unless doing so will be an undue hardship on the employer. (State and local government
- [10 Workplace Investigation Mistakes to Avoid](https://www.simonpaschal.com/2017/09/14/workplace-investigation-mistakes-avoid/) - Employers should conduct timely investigations when they receive complaints concerning safety, harassment, discrimination, retaliation, and ethics since various federal laws either provide employers a defense in lawsuits if they conduct investigations or require employers to conduct investigations. In addition to any investigation, the employer must also take any action necessary to correct and stop the
- [Prohibited Job Application & Interview Questions](https://www.simonpaschal.com/2017/08/24/prohibited-job-application-interview-questions/) - Allowed Job Interview & Application Questions Under various Federal (and Texas) laws, it is illegal for an employer to discriminate against a job applicant because of his or her race, color, sex (including pregnancy), national origin, age (40 or older), veteran’s status, disability or genetic information. While these restrictions would seem to prohibit a fairly
- [Non-Compete and Non-Solicitation Agreements in Texas](https://www.simonpaschal.com/2017/08/09/non-compete-non-solicitation-agreements-texas/) - Companies have a vested interest in protecting their trade secrets. To do so, they often ask employees to sign non-compete agreements, also known as restrictive covenants. These agreements are meant to prevent an employee from leaving the company and setting up a competing business down the road using knowledge gained from their former employer. Employers
- [Terminating an Employee in Texas](https://www.simonpaschal.com/2017/07/21/employee-termination-process-texas/) - Terminating an employee from your company is never pleasant or easy and the termination process should not be taken lightly. Your company should have procedures in place to provide employees ongoing feedback so they know what they are doing well and areas in which they can improve. Employees that are not performing adequately should be
- [Workplace Dress Code and Grooming Policies](https://www.simonpaschal.com/2017/07/12/workplace-dress-code-grooming-policies/) - Workplace dress code and grooming policies can help a business maintain an appropriate image, ensure workplace safety, and foster an atmosphere of teamwork among employees. However, employers must take care to avoid creating policies that are discriminatory. Below we review some important factors to consider when creating employee dress codes and grooming policies. No Discrimination
- [Severance Agreements for Texas Employers](https://www.simonpaschal.com/2017/06/30/severance-agreements/) - Part of running a business is managing the employee separation process. Managing this process can be just as important as managing employees’ day-to-day responsibilities. When employees leave your organization, it is often advantageous for the exiting employee to sign a severance agreement. An agreement that properly outlines the employer and employee’s expectations will save time,
- [Employee Handbook Guidelines & Pitfalls](https://www.simonpaschal.com/2017/06/14/employee-handbook-guidelines-pitfalls/) - A thoughtfully constructed employee handbook lays the groundwork for a strong relationship between a company and its employees. It outlines the employer’s expectations and lets workers know what they can expect from the organization. When you’re preparing your company’s employee handbook, refer to this list for the types of items that should be included and
- [Anti-Discrimination and Harassment Prevention Training](https://www.simonpaschal.com/2017/05/25/anti-discrimination-harassment-prevention-training/) - Harassment prevention training is a critically important component of an organization’s plan to prevent discrimination and harassment in the workplace. Workplace discrimination and harassment can lead to lawsuits that can do serious damage to a company’s finances and reputation. Importance of Anti-Discrimination Training Anti-discrimination training protects your business from disputes involving harassment, discrimination, and violation
- [Workplace Posters Required in Texas](https://www.simonpaschal.com/2017/05/15/workplace-posters-required-texas/) - Employers in Texas are required to display notices or posters in the workplace to inform employees of their rights and protections afforded by federal and state labor laws. There are certain workplace posters that must be displayed by all employers. Requirements for other posters vary based on number of employees, industry, and other factors. Workplace
- [Simon Paschal PLLC Earns Spot in Top 100 Verdicts in Texas List](https://www.simonpaschal.com/2017/05/11/simon-paschal-pllc-earns-spot-top-100-verdicts-texas-list/) - We are proud of the work we do on behalf of our clients in the employment law field and we are pleased when our clients receive an extremely favorable outcome. Attorneys Paul Simon and Dustin Paschal recently obtained an employment law verdict in favor of their client that resulted in Simon | Paschal PLLC earning
- [Simon Paschal PLLC Listed on Best Employment Lawyers in Dallas, Texas](https://www.simonpaschal.com/2017/05/10/simon-paschal-pllc-listed-best-employment-lawyers-dallas/) - Expertise.com recently recognized Simon | Paschal PLLC as one of the Best Employment Lawyers in Dallas for 2017 and ranked Simon | Paschal PLLC in the Top 20 of 309 employment lawyers it reviewed in Dallas, Texas. Expertise.com examined 25 variables across 5 categories to determine its list of Best Employment Lawyers in Dallas. Simon |
- [Simon Paschal PLLC HR Speeches and Presentations](https://www.simonpaschal.com/2017/05/10/simon-paschal-pllc-hr-speeches-presentations/) - This year is a busy year for the attorneys at Simon | Paschal PLLC when it comes to speeches and presentations. Earlier this month, Dustin Paschal presented "HR In an Hour: The Employee Life Span" to the Brazos Valley SHRM chapter in Bryan, Texas. Later this month, he will be presenting "Elementary My Dear Watson:
- [Independent Contractor vs. Employee](https://www.simonpaschal.com/2017/04/27/independent-contractor-vs-employee/) - Your Texas business may use independent contractors and employees to perform similar, if not the same duties from week to week. While the work they perform and their responsibilities may seem very similar, it is critically important that, as an employer, you understand the differences between independent contractors vs. employees. The differences between these two
- [Firm Sponsored Race Benefits Community](https://www.simonpaschal.com/2017/04/09/firm-sponsored-race-benefits-community/) - Simon | Paschal PLLC is a top-level sponsor of the Texas Big Star Half Marathon & 5K on Saturday, April 15, 2017. In addition to being a sponsor, firm partner Paul Simon is the Race Director and firm partner Dustin Paschal is the Assistant Race Director. The race brings together the community and raises funds
- [General Counsel Services: Lawyers on Staff at Your Business](https://www.simonpaschal.com/2017/03/30/small-business-general-counsel-services/) - Running a business becomes more complicated each day. In addition to the rigors of the competitive marketplace, you must manage your personnel and employment law issues as well. If your company has employees, you must stay abreast of labor laws, know which laws apply to your company, stay on top of changes in the
- [Who Is Protected by the Family Medical Leave Act?](https://www.simonpaschal.com/2017/03/14/protected-family-medical-leave-act/) - The Family Medical Leave Act (FMLA) is a law intended to allow employees to take unpaid leave for certain health or family-related reasons. In order to qualify for FMLA leave, certain conditions must be met. Ultimately, it is eligible employees of covered employers who are protected by the FMLA. Eligible Employees In order to
- [Paul and Dustin to Speak at Frisco HR Summit](https://www.simonpaschal.com/2017/03/08/paul-dustin-speak-frisco-hr-summit/) - On Tuesday, March 29th, Paul and Dustin will be speaking at the 2017 Frisco Chamber of Commerce HR Summit. The Summit is a partnership with DallasHR and will include a variety of presentations geared toward small business owners and Human Resources professionals. Paul and Dustin will be presenting on "Sensitive Employee Relations." The recent post
- [The ADA and Mental Disabilities](https://www.simonpaschal.com/2017/03/02/ada-mental-disabilities/) - We are in the process of preparing our "Sensitive Employee Relations" presentation for the upcoming Frisco HR Summit at the end of March, so we thought we would provide you a preview of that speech while also providing some valuable information regarding mental disabilities and mental health and their relation to the Americans with Disabilities
- [Workplace Poster Compliance for Employers](https://www.simonpaschal.com/2017/02/15/workplace-posters/) - We get a lot of questions about workplace posters from employers and this can often be a somewhat confusing area. What posters you must display can be driven by the number of employees you have, the industry in which you operate, whether or not you have federal contracts, and a multitude of other factors. The
- [Dustin Paschal Published in Today's CPA Magazine](https://www.simonpaschal.com/2017/01/30/dustin-paschal-published-todays-cpa-magazine/) - If you are one of the more than 35,000 Texas CPAs who receive Today's CPA Magazine, be sure to check out Dustin Paschal's feature article in the January/February 2017 issue. The article, entitled "The Fair Labor Standards Act's One-Two Punch," discusses the two major classification issues employers face under the FLSA - the exempt vs. non-exempt
- [President Trump Appoints Acting EEOC and NLRB Chairs](https://www.simonpaschal.com/2017/01/29/president-trump-appoints-acting-eeoc-nlrb-chairs/) - Last week, President Trump appointed EEOC Commissioner Victoria Lipnic as Acting Chair of the EEOC and appointed NLRB Board Member Philip Miscimarra as Acting Chair of the NLRB. As an EEOC Commissioner, Lipnic served as a member of the EEOC's Select Task Force on the Study of Harassment in the workplace. Prior to her time
- [New I-9 Form Required for Employers](https://www.simonpaschal.com/2017/01/26/new-9-form-required-employers/) - Effective January 22, 2017, employers must use a new Form I-9, Employment Eligibility Verification. The form can be found here: Form I-9. As a reference for employers, the new form is dated 11/14/2016. Among other changes, the new form has prompts to ensure information is entered correctly, has the ability to enter multiple preparers and
- [Simon | Paschal PLLC Sponsors Texas Big Star Half Marathon & 5K](https://www.simonpaschal.com/2017/01/26/simon-paschal-pllc-sponsors-texas-big-star-half-marathon-5k/) - Simon | Paschal PLLC is proud to announce that it is a $10,000 sponsor of the 2017 Texas Big Star Half Marathon & 5K, which takes place on Saturday, April 15, 2017 in Frisco, Texas. In its inaugural year, the Texas Big Star Half Marathon & 5K raised more than $100,000 for The North Texas Community
- [Paul Simon Takes the Reigns of DAYL](https://www.simonpaschal.com/2017/01/25/paul-simon-takes-reigns-dayl/) - On January 1, 2017, Paul Simon took the reigns as President of the Dallas Association of Young Lawyers ("DAYL"), a lawyer organization of more than 3,000 members in Dallas. DAYL's membership primarily consists of those lawyers who are 36 years or younger or have less than five years of practice experience. DAYL serves that membership
- [Video Tips](https://www.simonpaschal.com/2017/01/25/video-tips/)
- [Employer's End of Year Checklist](https://www.simonpaschal.com/2016/12/13/end-year-checklist/) - As we approach the end of another year, there are a lot of things to keep in mind regarding your business and your employees. Here are just a couple of quick thoughts and items for your end of year checklist: Holiday Parties - Many people are already aware of the dangers created by holiday parties
- [Texas Court Halts Implementation of New Overtime Rule](https://www.simonpaschal.com/2016/11/22/texas-court-halts-implementation-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,
- [Employment Law News & An Update](https://www.simonpaschal.com/2016/10/27/employment-law-news-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
- [DOL Overtime Regulations Fight Continues](https://www.simonpaschal.com/2016/10/07/dol-overtime-regulations-fight-continues/) - As you are aware and as we have discussed in this blog before, the revisions to the Department of Labor's overtime regulations are set to go into effect on December 1, 2016. In light of this impending change, the United States Congress and various states have taken action to delay the change. On September 20th, 22
- [Keeping Your Goals in Mind When Using a Business Merger Attorney](https://www.simonpaschal.com/2016/09/12/keeping-goals-mind-using-business-merger-attorney/) - A business merger is a serious legal issue that needs to be carefully thought out. When you consider bringing two businesses together, make sure to focus on goals. Think about what it is that you want for the future of your company. Whether it's obtaining additional market share, acquiring new products, or even eliminating the competition, your focus should be on this
- [3 HR Attorney Approved Tips to Hire and Manage Employees](https://www.simonpaschal.com/2016/08/31/3-hr-attorney-approved-tips-hire-manage-employees/) - Owning a small business can be challenging but the help of an HR attorney is beneficial if you feel overwhelmed. From hiring and firing employees to ensuring all guidelines and regulations are followed, an attorney who specializes in human resources is a great addition to your team. If you are a small business owner, consider
- [5 Situations That Your Company May Need a Human Resource Attorney For](https://www.simonpaschal.com/2016/08/22/5-situations-company-may-need-human-resource-attorney/) - Even the most conscientious employer may have the need for a human resources attorney in Dallas, TX. There will be tricky issues that arise where having more legal expertise than what you currently possess is beneficial. Employment law changes at such a rapid pace, so being able to identify situations that you may need to call
- [Discrimination Changes on the Horizon?](https://www.simonpaschal.com/2016/08/19/discrimination-changes-horizon/) - At the time of the June 30, 2014 Burwell v. Hobby Lobby, Inc. decision from the United States Supreme Court, many employment law experts and practitioners recognized that the Court's decision to let Hobby Lobby opt out of portions of the Affordable Care Act (aka Obamacare) on religious grounds could lead to a litany of lower
- [Sexual Harassment In your Company and How an HR Lawyer Can Help](https://www.simonpaschal.com/2016/08/15/sexual-harassment-in-your-company-and-how-an-hr-lawyer-can-help/) - Managing a business can be difficult, but hiring an HR lawyer to ensure your employees are working in a safe and successful environment can decrease your stress. Sexual harassment is a serious problem that can affect your business’ productivity, success, and the overall emotional health of your workplace. So, you and your employees need a
- [4 Ways You Can Prepare Your Company for a DOL Audit](https://www.simonpaschal.com/2016/08/08/4-ways-can-prepare-company-dol-audit/) - Employers should always keep in mind that the Department of Labor (DOL) can conduct a DOL audit in Dallas, TX at any time and for any reason. Typically, an audit is triggered by a complaint by an employee. By understanding the audit process, you can make the necessary preparations to make everything run as smooth
- [3 Surprising Reasons Your Small Business Needs an Employee Handbook](https://www.simonpaschal.com/2016/08/08/3-surprising-reasons-small-business-needs-employee-handbook/) - As a small business owner, you may not realize the importance of a handbook for your employees, but an employment attorney can help you understand the benefits. A handbook not only gives your employees required rules and regulations for your business, but it can also protect you and your business’ assets in legal battles. If
- [A Non Compete Attorney Is Essential for Businesses of All Sizes](https://www.simonpaschal.com/2016/07/25/non-compete-attorney-essential-businesses-sizes/) - Small businesses might think that they don't need a non-compete attorney in Dallas TX because the "big guys" are the only ones who have a high number of employees or trade secrets that are valuable enough to require protection. While those are legitimate concerns that make non-compete agreements a necessity for large companies, they are
- [Benefits of Hiring an Employment Law Attorney to Design IC Agreements](https://www.simonpaschal.com/2016/07/18/benefits-hiring-employment-law-attorney-design-ic-agreements/) - Hiring independent contractors is a common practice for many business owners, but you may not know fully understand how an employment law attorney can design Independent Contractor agreements to protect your company. Considering hiring contractors to complete tasks can save your business money. However, ensuring each contractor is properly classified as an independent contractor and
- [5 Human Resources Compliance Mandates Not to be Overlooked](https://www.simonpaschal.com/2016/07/18/5-human-resources-compliance-mandates-not-overlooked/) - Any Human Resources professional knows that the world of HR compliance in Dallas, TX is always evolving and being redefined. While some aspects may seem more important than others, there are a few compliance mandates that should never be ignored. Some of them are: Equal Employment Opportunity (EEO) Family and Medical Leave Act (FMLA) Fair
- [Employment Lawyers can Help you with New Hire Drug Testing](https://www.simonpaschal.com/2016/07/13/employment-lawyers-can-help-new-hire-drug-testing-2/) - When you are in charge of the office, there are a lot of things to keep in mind. One of these details is dealing with new hires and employment drug testing. If you decide to do new hire drug testing, you should have protocols to follow. You should have stipulations in place about what to
- [Why Your Small Business Needs A Non Compete Attorney in Dallas TX](https://www.simonpaschal.com/2016/07/05/small-business-needs-non-compete-attorney-dallas-tx/) - When you're a small business owner every dollar makes a difference, which can make the idea of allocating resources to a non-compete attorney in Dallas, Texas seem like a bit of a luxury. Or, you might not feel like you have the level of staff to justify the effort or expense. However, it is worth
- [What Dallas TX Businesses Should Know About a DOL Audit](https://www.simonpaschal.com/2016/07/05/dallas-tx-businesses-know-dol-audit/) - If you've never heard of a DOL audit for Dallas TX small businesses, you need to know that it is increasing in frequency and quickly overtaking IRS audits as the bane of business owners. According to Forbes, all the detailed bookkeeping and exacting accounting practices in the world won't be of much help if the
- [What to Expect from a Non-Compete Attorney for Your Dallas Business](https://www.simonpaschal.com/2016/06/27/expect-non-compete-attorney-dallas-business/) - Many employers want employees to sign non-compete agreements promising not to work for a competitor or reveal trade secrets. A non-compete agreement generally covers. The geographic area where the employee is prohibited from working The length of time the employee can’t work with a competitor Types of job positions covered by the agreement A non-compete
- [How an Employment Lawyer can Help you with your Business Legal Needs](https://www.simonpaschal.com/2016/06/20/employment-lawyer-can-help-business-legal-needs/) - When you are the boss you are in charge of many various aspects of business. You need to help keep your employees happy while navigating through the ever-changing employment laws correctly. A lot of things need a professional, legal eye in the business world. Employee handbooks need to be written and revised in order to stay
- [4 Types of Noncompete Agreements Your Employees May Need to Sign](https://www.simonpaschal.com/2016/06/20/4-types-of-noncompete-agreements-your-employees-may-need-to-sign/) - Operating a business can be challenging, especially when managing employees, but an attorney can help design and implement restrictive covenant agreements to protect your company. You may not realize the different options in regards to these legal agreements. Here are some of the different types of restrictive covenant agreements and how they can protect your
- [4 Ways to Use Employee Handbook In Considering Employee Law Dallas TX](https://www.simonpaschal.com/2016/06/13/4-ways-to-use-employee-handbook-in-considering-employee-law-dallas-tx/) - As an employer, employment law is one of those pesky items that is always in the back of your mind. One of the best ways to ensure that all of your employees have the best resources on hand in regards to employment law in Dallas, TX is to create an in-depth employee handbook. Let’s go through
- [Why HR Compliance Shouldn't Be Overlooked in Any Business](https://www.simonpaschal.com/2016/06/08/hr-compliance-shouldnt-overlooked-business/) - A lot of times the Human Resource department often gets overlooked when the reality should be the opposite and a lot of attention should be placed on HR compliance in Dallas, TX. The Human Resources department has significant compliance responsibilities both inside and outside of the department. Some of the key areas of compliance for
- [Employee Using Drugs? 3 Steps Recommended by an Employment Attorney](https://www.simonpaschal.com/2016/06/08/employee-using-drugs-3-steps-recommended-by-an-employment-attorney/) - If you believe an employee is using drugs in your Dallas TX workplace, your first step should be to remain calm and consult your employment attorney. Drug abuse is not only damaging to the user but also to the people and environment surrounding them. This can directly affect your workplace and other employees, so it
- [The Best Time for a Non-Compete Lawyer for You and Your Employees](https://www.simonpaschal.com/2016/05/31/the-best-time-for-a-non-compete-lawyer-for-you-and-your-employees/) - As a business owner, you don't want your employees to take your ideas and begin competing with you, or even take your clients. To prevent this, a non-compete agreement is a good idea. When you have employees sign a non-compete agreement is important. The best time is when you hire someone. It is then that
- [4 Legal Tips From a Business Attorney To Protect your Small Business](https://www.simonpaschal.com/2016/05/31/4-legal-tips-from-a-business-attorney-to-protect-your-small-business/) - Starting a small business can be challenging, so hiring a business attorney in your area in Dallas, TX is imperative for legal advice and protection. While utilizing the professionals may seem costly and unnecessary, it will be a smart investment for your business’ success and your own personal stress level. Using these legal tips and
- [Employment Attorney Dallas TX: Employment Law Management Training](https://www.simonpaschal.com/2016/05/24/employment-attorney-dallas-tx-employment-law-management-training/) - Litigation over workplace practices is on the rise, and business owners need to stay on top of the laws. Keeping employees safe is paramount, as is protecting the bottom line by ensuring staff and management are well-trained on employment law issues. An employment attorney Dallas TX at Simon | Paschal PLLC is knowledgeable about employment
- [Final DOL Overtime Regulations Released](https://www.simonpaschal.com/2016/05/18/final-dol-overtime-regulations-released/) - Yesterday, the Department of Labor released the final regulations regarding the white collar exemptions for overtime compensation. We will discuss this more here and in our newsletter, but here is a quick run down of what employers need to know: The salary threshold for the white collar exemptions (administrative, executive, professional, creative) is now $913 per
- [Employment Attorney Dallas TX: What to Expect from an EEOC Charge](https://www.simonpaschal.com/2016/05/17/employment-attorney-dallas-tx-what-to-expect-from-an-eeoc-charge/) - When an employee feels his or her employer has violated one of the many employment discrimination laws, the employee's first step is to file a charge with the Equal Employment Opportunity Commission (EEOC). The internet is rife with too much information to help employees through this process; but what about employers? The employment attorneys Dallas
- [Non Compete Attorney Dallas TX: The Truth About Non-Compete Contracts](https://www.simonpaschal.com/2016/05/11/non-compete-attorney-dallas-tx-the-truth-about-non-compete-contracts/) - A non compete attorney Dallas TX may tell you not to sign a non-compete contract in order to start a new job. However, many people who are looking for work may not have the luxury to choose. Times are tough and people usually need to take any job opportunity that comes their way, even if
- [DOL Audit Dallas TX: How You Can Avoid A Department of Labor Audit](https://www.simonpaschal.com/2016/05/10/dol-audit-dallas-tx-how-you-can-avoid-a-department-of-labor-audit/) - U.S. Department of Labor onsite compliance audits are on the rise and that means that your business stands a good chance of becoming the target of a DOL audit Dallas TX. A DOL audit can arise for a number of reasons including random chance; so even though you think you are compliant in all areas
- [5 Tips in Business Law for Negotiating a Contract](https://www.simonpaschal.com/2016/05/10/5-tips-in-business-law-for-negotiating-a-contract/) - Once you've entered the realm of small business ownership, you've accepted along with it many business law facets like negotiating contracts. Oftentimes you either love or hate this task, but it's a necessary piece of the business puzzle. Here are 5 tips to use when negotiating a contract: Do some research on previous contracts. Back up your
- [Business Law Dallas TX: The Four Types of Business Structures](https://www.simonpaschal.com/2016/05/03/business-law-dallas-tx-the-four-types-of-business-structures/) - Many entrepreneurs who are in the process of starting their own companies often have questions about business law Dallas TX and a common question is which type of structure is best for their businesses. Selecting the wrong type can result in financial, tax, and relationship issues. There are four types of business structures, and each has its
- [Using an Employment Attorney to Create an Employee Handbook](https://www.simonpaschal.com/2016/05/03/using-an-employment-attorney-to-create-an-employee-handbook/) - If you need help creating an employee handbook, you may need an employment attorney in Dallas TX to help create one that is complete and easy to understand. Simon | Paschal can help develop and implement a handbook so that any legal issue that might come up is covered. As you begin, make sure that
- [HR Compliance Dallas TX: 5 Things You Can Do To Stay Compliant](https://www.simonpaschal.com/2016/04/26/hr-compliance-dallas-tx-5-things-you-can-do-to-stay-compliant/) - If you own a business -- large or small -- that has employees, then you need to follow HR compliance Dallas TX. Not only is complying with federal and state human resources rules and regulations good for employee/employer relations, but it also ensures that you won’t be in violation of any rules or regulations that
- [Workplace Drug Testing](https://www.simonpaschal.com/2016/04/25/workplace-drug-testing/) - Drug testing often can be a confusing area of the law for many employers. The first thing to consider is whether you operate in an industry in which drug testing is required or regulated (i.e. trucking/transportation) or are subject to certification or licensure requirements that include drug testing (i.e. ISO, etc.). If you are not
- [Employment Law Dallas TX: Using Background Checks in Hiring Decisions](https://www.simonpaschal.com/2016/04/12/employment-law-dallas-tx-using-background-checks-in-hiring-decisions/) - Having someone who knows the ins and outs of employment law Dallas TX on your side is key when making staffing decisions. Hiring an employee to join your organization is a huge investment of time and money. Using pre-employment background checks offer benefits well beyond what it costs to have one conducted. These benefits are:
- [Employment Law Attorney Dallas TX: Employee Handbooks](https://www.simonpaschal.com/2016/04/12/employment-law-attorney-dallas-tx-employee-handbooks/) - An employment law attorney Dallas TX advises businesses on many matters pertaining to hiring, training and terminating employees. Writing employee handbooks is another one of the services offered by employment attorneys. Although it may not seem like an important matter, a poorly written or incomplete employee handbook can cause misunderstandings, or worse, among workers and
- [How a Non Compete Lawyer Dallas TX Can Help Protect Your Business](https://www.simonpaschal.com/2016/03/29/how-a-non-compete-lawyer-dallas-tx-can-help-protect-your-business/) - If you're just starting a business, you may need a non compete lawyer Dallas TX to help with ensure that an employee you hire does not take your ideas and start up their own company. By drafting a non-compete clause in employee contracts, you can help prevent an employee from competing against you and taking your
- [HR Compliance Dallas TX: Age Discrimination in the Workplace](https://www.simonpaschal.com/2016/03/29/hr-compliance-dallas-tx-age-discrimination-in-the-workplace/) - Part of HR compliance Dallas TX is staying on top of state and federal discrimination laws to prevent issues at your company. The Age Discrimination in Employment Act (ADEA) was enacted to protect older workers from being fired and demoted or from facing other types of discrimination, such as in hiring and promotion decisions. If
- [Employment Attorney Dallas TX: How to Avoid Wage and Overtime Lawsuits](https://www.simonpaschal.com/2016/03/22/employment-attorney-dallas-tx-how-to-avoid-wage-and-overtime-lawsuits/) - It's always a good idea for businesses to have a good employment attorney Dallas TX on their side to assist them in defending against any employee lawsuits that may arise. Wage and overtime issues account for a large number of legal actions taken against businesses. There are many ways human resource departments can avoid these
- [HR Compliance Dallas TX: 4 Areas of HR Compliance You Need to Track](https://www.simonpaschal.com/2016/03/16/hr-compliance-dallas-tx-4-areas-of-hr-compliance-you-need-to-track/) - HR compliance Dallas TX is more important than some business owners may think. If your human resources department is not up to date on important laws and regulations (or simply not following them), you could be opening up your company to government fines as well as private litigation. To protect the health and welfare of
- [New EEOC Guidance on Retaliation](https://www.simonpaschal.com/2016/03/15/new-eeoc-guidance-on-retaliation/) - We posted a few days ago about the EEOC's new guidance on Position Statements. Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges. From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims. The
- [EEOC Position Statements](https://www.simonpaschal.com/2016/03/10/eeoc-position-statements/) - In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements. As a follow up to that video, we want to highlight the EEOC's recent updated information and guidance regarding employer position statements. A position statement is the employer's response to an
- [Employment Lawyers Dallas TX: Tips for Documenting Employee Discipline](https://www.simonpaschal.com/2016/03/07/employment-lawyers-dallas-tx-tips-for-documenting-employee-discipline/) - Having employment lawyers Dallas TX working with your organization is becoming an absolute necessity in today's complex world. Even seemingly small things such as writing an employee up for a disciplinary reason, need to be done in a concise manner. Certain protocols must be followed in the event the employee retaliates with a lawsuit against
- [Business Law Dallas TX: 5 Tips for Drafting Bulletproof Contracts](https://www.simonpaschal.com/2016/03/07/business-law-dallas-tx-5-tips-for-drafting-bulletproof-contracts/) - Business is built on contracts. Business law Dallas TX is largely wrapped up in contract law - contract negotiations, contract drafting and of course, contract disputes. Although contract disputes can spring up no matter how well-drafted the contract, having a solid agreement can reduce contract litigation, and if someone does breach and a lawsuit follows,
- [Discrimination in the Workplace in Dallas, TX Can Harm Your Business](https://www.simonpaschal.com/2016/03/04/discrimination-in-the-workplace-in-dallas-tx-can-harm-your-business/) - Unfortunately, many businesses are forced to deal with discrimination in the workplace in Dallas, TX. However, with help from experienced experts, some cases may never make it to court--and those that do can be dealt with in a swift and professional manner. So, whether you are a new business looking to protect yourself from possible
- [Employment Law Dallas TX: A Partner for Human Resource Requirements](https://www.simonpaschal.com/2016/03/03/employment-law-dallas-tx-a-partner-for-human-resource-requirements/) - The many facets of employment law Dallas TX are complicated and often overwhelming. Government agencies regularly audit businesses on virtually every aspect of the employment relationship. Some areas that are inspected include: Hours worked by employees Exempt vs. Nonexempt classifications Overtime compensation Employee handbooks Anti-discrimination and anti-harassment practices Most businesses simply do not have the
- [Workplace Harassment Dallas TX: 4 Tips to Handle Employee Claims](https://www.simonpaschal.com/2016/02/29/workplace-harassment-dallas-tx-4-tips-to-handle-employee-claims/) - As a business owner, you can avoid lengthy and costly litigation for workplace harassment Dallas TX by instituting zero tolerance company rules. Bullying, sexual harassment and discrimination complaints filed by employees take up time and resources you can better spend on running your business. Train supervisors, hiring managers and others in proper office procedures to
- [DOL Audit Dallas TX: Your DOL Audit Questions Answered](https://www.simonpaschal.com/2016/02/29/dol-audit-dallas-tx-your-dol-audit-questions-answered/) - If you are a business owner, you may, at any time, face the possibility of a DOL audit Dallas TX. Once you receive a notice from the U.S. Department of Labor (DOL) that your business is going to be audited, it is imperative that you deal with the preparations for the audit, and the audit
- [Hiring People Might Require a Business Lawyer Dallas TX](https://www.simonpaschal.com/2016/02/26/hiring-people-might-require-a-business-lawyer-dallas-tx/) - If you are considering hiring people for the first time, you might find yourself needing a business lawyer Dallas TX. Since the laws can be tricky, calling Simon Paschal at (972) 893-9340 can be of great benefit. For the most part hiring someone is easy, but if you ask the wrong question you may need defending. Make
- [Business Law Dallas TX Is Complicated and Requires an Expert's Help](https://www.simonpaschal.com/2016/02/25/business-law-dallas-tx-is-complicated-and-requires-an-experts-help/) - You may be an expert in your own business, but few successful business people are well-versed enough in business law Dallas TX to handle all of the varied legal issues that affect every aspect of business, from forming a company to selling it, not to mention all the other legal circumstances that come up in
- [Employment Lawyers Dallas TX: Your Company Needs an Employee Handbook](https://www.simonpaschal.com/2016/02/23/employment-lawyers-dallas-tx-your-company-needs-an-employee-handbook/) - Having an employee handbook for your organization is essential, and having the assistance of experienced employment lawyers Dallas TX will make sure your employee handbook includes all necessary information. If you're the owner of a small business, you may wonder why having an employee handbook is important. Here are some reasons why: Sets the right expectations
- [Employment Lawyers Dallas TX are Experts in Drafting Employee Manuals](https://www.simonpaschal.com/2016/02/19/employment-lawyers-dallas-tx-are-experts-in-drafting-employee-manuals/) - If you've been putting off the advice from employment lawyers Dallas TX to draft an employee handbook, you may want to re-think the issue. According to the Huffington Post, three-quarters of litigation against corporations are employment disputes, so it's just good business sense to lay out your company's rules, regulations, and policies as they apply
- [What Justice Scalia's Death Means for Employers](https://www.simonpaschal.com/2016/02/16/what-justice-scalias-death-means-for-employers/) - You likely have seen or read numerous stories and reports about the death of United States Supreme Court Justice Antonin Scalia and what it means for U.S. politics and the upcoming presidential election. We will leave that discussion to the experts. If a replacement is not appointed and approved, though, the Supreme Court will be
- [Business Law Dallas TX: Designating Your Business as an LLC](https://www.simonpaschal.com/2016/01/31/business-law-dallas-tx-designating-your-business-as-an-llc/) - Every new business wants to choose the right type of organization to protect themselves and their business, but business law Dallas TX can be complex. Simon | Paschal can help. Along with helping you understand the benefits of a Limited Liability Company (LLC), we can help you avoid the pitfalls of an LLC as well. It's important
- [Employment Law Dallas TX: Contractors to Receive New Benefits](https://www.simonpaschal.com/2016/01/30/employment-law-dallas-tx-contractors-to-receive-new-benefits/) - A recent change in employment law Dallas TX means contractors no longer have to worry about staying home from work sick and not receiving pay for it. Hundreds of thousands of American workers are now eligible for paid sick leave after President Obama signed an executive order in September of 2015 that forces companies who contract
- [Employment Law Dallas TX: Understand the Changes to FLSA in 2016](https://www.simonpaschal.com/2016/01/29/employment-law-dallas-tx-understand-the-changes-to-flsa-in-2016/) - One of the most difficult responsibilities for an organization is to stay on top of employment law Dallas TX. Every year sees new legislation and updates to existing laws regarding employees. 2015 was a busy year with changes at the federal, state, and local levels. Projections for the upcoming year could be even more eventful.
- [A Great Business Lawyer Dallas TX Offers Essential Guidance](https://www.simonpaschal.com/2016/01/28/a-great-business-lawyer-dallas-tx-offers-essential-guidance/) - You may not think that a business lawyer Dallas TX is a necessity when your small business is first starting out. After all, your vision is to make your grandmother's fudge recipe and sell it in a kiosk at the mall or to turn the airless paint equipment gathering dust in your garage into a
- [Business Law Dallas TX: Should Your Startup be a Partnership or LLC?](https://www.simonpaschal.com/2016/01/23/business-law-dallas-tx-should-your-startup-be-a-partnership-or-llc/) - Business law Dallas TX helps startups and existing businesses protect their ideas and finances. An experienced law firm helps you determine what type of business you should form. For many startups, a corporation may be too complicated, and going it alone as a sole proprietorship is too time-consuming. Forging a limited liability corporation (LLC) or
- [Employment Lawyer Dallas TX: Is Your Employment Handbook Up To Date?](https://www.simonpaschal.com/2016/01/20/employment-lawyer-dallas-tx-is-your-employment-handbook-up-to-date/) - Successful companies understand the need to seek employee handbook advice from an employment lawyer Dallas TX. Your employment handbook is a vital resource for both employers and employees. It communicates valuable information about company procedures, policies and benefits. This concise document clearly lays out the expectations of all people working for your company. It is
- [FLSA Lawsuits and Enforcement On the Rise](https://www.simonpaschal.com/2016/01/11/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
- [Hiring Employees or Subcontractors? Get Employment Lawyers Dallas TX](https://www.simonpaschal.com/2015/12/22/hiring-employees-or-subcontractors-get-employment-lawyers-dallas-tx/) - Hiring someone for your business could require the help of employment lawyers Dallas TX, and Simon Paschal has the answers you're looking for. Whether you want to hire an employee or subcontractor, you'll need to know how the IRS classifies these individuals; there is a lot more to the process than just deciding whether you'll
- [Business Lawyer Dallas TX: Business Formation and Types of Businesses](https://www.simonpaschal.com/2015/12/22/business-lawyer-dallas-tx-business-formation-and-types-of-businesses/) - Entrepreneurs wishing to start their own business will need more than an idea and an office. The starting point for any business is choosing the type of corporate entity to form, and contacting a business lawyer Dallas TX is the first step in that process. Choosing a corporate form may seem rudimentary, but the type
- [Employment Lawyers Dallas TX: Let's Talk About Retaliation Claims](https://www.simonpaschal.com/2015/12/22/employment-lawyers-dallas-tx-lets-talk-about-retaliation-claims/) - Our employment lawyers Dallas TX know that most business owners do their best not to discriminate and to provide reasonable accommodation to their employees. However, many business owners do not consider the prospect of a retaliation claim on top of the underlying complaint. Retaliation claims can result in a double ding for the employer -
- [Employment Law Dallas TX: The FLSA and Independent Contractors](https://www.simonpaschal.com/2015/12/22/employment-law-dallas-tx-the-flsa-and-independent-contractors/) - All Dallas business owners must be familiar with employment law Dallas TX, including the federal Fair Labor Standards Act (FLSA), which regulates minimum wage, overtime pay, hours worked, employer recordkeeping, and the use of child labor in every state. Employers must abide by the FLSA or they can face stiff monetary penalties and even incarceration.
- [Business Law Dallas TX: Five Common Types of Business Disputes](https://www.simonpaschal.com/2015/12/22/business-law-dallas-tx-five-common-types-of-business-disputes/) - Even the smoothest-running Dallas businesses will find themselves in litigation under business law Dallas TX at one time or another. When a business is sued or when a business needs to bring suit, the business attorneys at Simon | Paschal PLLC are available to provide experienced legal counsel for all types of commercial litigation. Business
- [A Reminder About the Protected Nature of Alcoholism](https://www.simonpaschal.com/2015/12/14/a-reminder-about-the-protected-nature-of-alcoholism/) - You may or may not have seen the sports news in the last few days and weeks but ESPN and other outlets reported that former University of Southern California head football coach, Steve Sarkisian, filed a lawsuit against the school alleging disability discrimination and failure to provide a reasonable accommodation based on the fact the
- [Discrimination in the Workplace in Dallas TX: Age Discrimination](https://www.simonpaschal.com/2015/11/19/discrimination-in-the-workplace-in-dallas-tx-age-discrimination/) - Discrimination in the workplace in Dallas, TX can take many forms; an employee can claim discrimination based upon his race, religion, sex, disability, and even his age. Not all Texas business owners are bound by age discrimination laws, but many are, and age discrimination issues can be tricky to navigate. In Texas, age discrimination is
- [Employment Law in Dallas, TX: Reasonable Accommodations for Employees](https://www.simonpaschal.com/2015/11/19/employment-law-in-dallas-tx-reasonable-accommodations-for-employees/) - Most business owners are familiar with some aspects of employment law in Dallas, TX. They know that they are prohibited by law from discriminating against their employees based upon race, religion, gender, age and disability. However, they may not know that certain employees must receive reasonable accommodations at work based upon their protected class. Employers
- [Employment Law Dallas TX Does Not Have to Hurt Your Business](https://www.simonpaschal.com/2015/11/12/employment-law-dallas-tx-does-not-have-to-hurt-your-business/) - From contracts and severance agreements to potential charges involving discrimination or safety, employment law Dallas TX can be ridiculously complex. And in today's world, just about every aspect of your business can be adversely affected by poor planning--and the unexpected can always happen. However, Simon | Paschal can assist your business with all aspects of employment
- [Employment Law Dallas, TX: 5 Steps for Creating a Protective Handbook](https://www.simonpaschal.com/2015/11/05/employment-law-dallas-tx-5-steps-for-creating-a-protective-handbook/) - Employers in modern business are finding it harder and harder to grapple with the legalities of employment law in Dallas, TX. Companies regularly face lawsuits from past, present, and prospective employees, but many times these lawsuits are simply the result of a disgruntled employee trying to exploit a business for his own financial gain. One
- [Discrimination in the Workplace in Dallas, TX: Types of Discrimination](https://www.simonpaschal.com/2015/11/05/discrimination-in-the-workplace-in-dallas-tx-types-of-discrimination-2/) - Discrimination in the workplace in Dallas, TX can disrupt a business in a number of ways: it makes employees miserable, reduces productivity, and leads to expensive lawsuits. Business owners should be aware of the different types of workplace discrimination and take steps to prevent management from taking discriminatory action. The end of discrimination in the
- [Employment Law in Dallas, TX: Protect Your Business Today!](https://www.simonpaschal.com/2015/10/20/employment-law-in-dallas-tx-protect-your-business-today/) - Why do you need an advocate knowledgeable in employment law in Dallas, TX? Because the current number of employment laws and regulations is utterly staggering. As a business owner or human resources manager, you must be aware of each and every one if you want to protect your business. A professional attorney specializing in employment law
- [Understanding Independent Contractor and Employment Law In Dallas, TX](https://www.simonpaschal.com/2015/10/16/understanding-independent-contractor-and-employment-law-in-dallas-tx/) - Starting a new business can be fun and exciting, but if you’re going to hire people, you need to know about employment law in Dallas, TX. There is much to learn, but the biggest thing you’ll need to understand is when you're hiring one or many independent contractors. This guide provides you with what you need
- [Employment Law in Dallas, TX: Common Issues for Employers](https://www.simonpaschal.com/2015/10/12/employment-law-in-dallas-tx-common-issues-for-employers-2/) - Running a business can be stressful. Along with hiring employees and ensuring that they are doing their work properly, you have to do what you can to make sure they remain happy and have no reason to complain about their job. While you may try to please them all, there are some who simply can't
- [Your New Business and Employment Law in Dallas, TX](https://www.simonpaschal.com/2015/10/08/your-new-business-and-employment-law-in-dallas-tx/) - Gaining an understanding of employment law in Dallas, TX isn't that difficult if you call Simon|Paschal at 972.893.9340. As your business grows, you may need more help along the way. This is why it's important to understand these laws and how they affect you and your employees or subcontractors. Arm yourself with the right information pertaining to employment law
- [Employment Law in Dallas TX | 4 Common Types of Employment Lawsuits](https://www.simonpaschal.com/2015/10/05/employment-law-in-dallas-tx-4-common-types-of-employment-lawsuits/) - All Dallas business owners should appreciate and understand the basics of employment law in Dallas, TX. Although most businesses make every effort to follow the laws and treat their employees with respect, even the most well-intended owners and managers may find themselves on the wrong end of an employment lawsuit. Simon | Paschal PLLC represents
- [Employment Law in Dallas TX - 4 Reasons For Employee Handbooks](https://www.simonpaschal.com/2015/10/01/employment-law-in-dallas-tx-4-reasons-for-employee-handbooks/) - Many businesses, particularly small businesses with only a few employees, overlook the importance of employee handbooks. However, a well-drafted employee handbook can not only create a more pleasant work environment, but it can also provide an employer a defense against lawsuits. Employment law in Dallas TX tends to favor employees, and an employer can get
- [Discrimination In The Workplace In Dallas, TX: Solving Discrimination](https://www.simonpaschal.com/2015/09/24/discrimination-in-the-workplace-in-dallas-tx-solving-discrimination/) - Discrimination in the workplace in Dallas, TX, and anywhere else in the country, can happen to anyone in any position. Unfortunately it is all too common when it comes to being an employee. You've already learned about the numerous types of discrimination there are, from age discrimination to sexual harassment, but what steps do you
- [Stay Ahead of Employment Law in Dallas TX](https://www.simonpaschal.com/2015/09/24/stay-ahead-of-employment-law-in-dallas-tx/) - A company's employees are a vital part of any business. It is crucial for an employer to take care of its employees to avoid expensive legal ramifications for improper treatment. Having everything legally sound is an immense task and often times a business only has a few employees in its Human Resources department. The lawyers
- [Justice for Victims of Discrimination in the Workplace in Dallas, TX](https://www.simonpaschal.com/2015/09/17/justice-for-victims-of-discrimination-in-the-workplace-in-dallas-tx/) - Do you think you've been a victim of discrimination in the workplace in Dallas, TX? In the United States, there are many legal protections afforded to employees to safeguard against adverse actions by the employer based on such attributes as gender, race, pregnancy, disability, etc. However, trying to prove one's case of discrimination in the
- [Employment Law in Dallas TX | Dallas Attorneys Working for Employers](https://www.simonpaschal.com/2015/09/17/employment-law-in-dallas-tx-dallas-attorneys-working-for-employers/) - Concerned about employment law in Dallas, TX? Understanding employment law is a crucial step in protecting any business. The success of any business is built upon its relationship to its employees. Management of employees and employee welfare is a big concern for every company, and every company will have a varied set of needs and
- [Discrimination In The Workplace In Dallas, TX: Types Of Discrimination](https://www.simonpaschal.com/2015/09/10/discrimination-in-the-workplace-in-dallas-tx-types-of-discrimination/) - Discrimination in the workplace in Dallas, TX and everywhere else in the country is an unfortunate part of everyday work life. Human beings aren’t robots and they often let their emotions and prejudices make them say or do things that infringe on the rights of others. If you are a business owner and you want
- [Employment Law in Dallas TX - Issues Facing Small Business](https://www.simonpaschal.com/2015/09/10/employment-law-in-dallas-tx-issues-facing-small-business/) - A legal firm specializing in employment Law in Dallas TX can help your business maneuver the maze of rules and regulations regarding hiring, training and supervising employees. Small businesses have a lot to contend with when it comes to employees. Even if you have a human resources department, an employment law firm can advise you regarding
- [The ADA at 25](https://www.simonpaschal.com/2015/08/20/the-ada-at-25/) - My firm recently was asked by a client to provide a list of the top three compliance issues facing employers today. I know you are sitting there thinking, “only three?!?!” As we considered the issues our clients face, though, we compiled a list that you probably see on pretty much every continuing education brochure you
- [Overtime Regulations Update](https://www.simonpaschal.com/2015/08/13/overtime-regulations-update/) - The Obama Administration and the Department of Labor have proposed new overtime regulations that are slated to go into effect early next year. Here is what we know. The salary threshold for the white collar exemptions (i.e. executive, administrative and professional) in which most exempt workers fall will rise from $23,660 to $50,440 (from $455
- [News and Notes](https://www.simonpaschal.com/2015/08/06/news-and-notes/) - For all you folks out there just yearning for employment law news, we have a few “News and Notes” for you as we hit mid-week. We’ve all heard the talk about the Obama Administration’s push to change the overtime white-collar exemptions but did you know that the Department of Labor also is beginning the process
- [Employment Law Dallas TX: 10 Employment Laws You Must Know](https://www.simonpaschal.com/2015/07/31/employment-law-dallas-tx-10-employment-laws-you-must-know/) - As a North Texas business owner, you have to deal with many of the legal complications that come with starting and running a business. If you have employees, employment law in Dallas TX will complicate your business life even further. When you hire employees to work for you, you have to know and implement a
- [Business Law Dallas TX: Protect Your Business](https://www.simonpaschal.com/2015/07/31/business-law-dallas-tx-protect-your-business/) - In the event of injury, catastrophe, or any life-threatening event, you need business law in Dallas TX on your side. In an effort to be prepared for the worst, smaller businesses, in particular, should take steps to build a strong safety net that more-than-adequately protects your business. Preventing incidents in your business is essential, not
- [Employment Law Dallas TX: What Qualifies as Workplace Harassment](https://www.simonpaschal.com/2015/07/31/employment-law-dallas-tx-what-qualifies-as-workplace-harassment/) - Could employment law in Dallas TX be the answer to your workplace harassment problems? Many believe harassment in the workplace is limited to unwanted sexual advances, but there are additional ways one can be victimized at work other than sexual harassment. Harassment situations often go on too long because the victim fears retaliation, or even
- [Business Law Dallas TX: Get Help from the Experienced](https://www.simonpaschal.com/2015/07/31/business-law-dallas-tx-get-help-from-the-experienced/) - As all other elements of life and work change and progress, so does business. Thus, businesses in Dallas TX are born and evolve. This means the business law in Dallas TX has to change to suit new potential litigation. Though the law is sometimes slow to catch up, having an experienced attorney who is knowledgeable
- [Business Law Dallas TX: How A Business Lawyer Can Help You Get Started](https://www.simonpaschal.com/2015/07/31/business-law-dallas-tx-how-a-business-lawyer-can-help-you-get-started/) - At Simon | Paschal, we are experts in business law in Dallas TX and we know that hiring an attorney is something you should think about doing before something bad happens to you or your business that requires you to seek legal help. A business lawyer can prevent many bad things from happening by laying
- [Employment Law Dallas TX: What Employers Need To Know About The ADA](https://www.simonpaschal.com/2015/07/31/employment-law-dallas-tx-what-employers-need-to-know-about-the-ada/) - One of the most important developments in employment law in Dallas TX and in the rest of the United States, the Americans With Disabilities Act (ADA), turns 25 this year. The ADA was a boon to mentally- and physically-disabled workers seeking employment or seeking protection from losing employment based on their disabilities. For employers, it
- [What Does The Hobby Lobby Decision Mean for Your Business](https://www.simonpaschal.com/2015/07/30/what-does-the-hobby-lobby-decision-mean-for-your-business/) - On June 30, 2014, the U.S. Supreme Court reached a decision regarding whether or not Hobby Lobby and other closely-held businesses had to pay for contraceptive measures that those companies viewed as abortion and, therefore, against those companies’ owners’ religious beliefs. The contraceptive coverage was mandated under the Patient Protection and Affordable Care Act of
- [Don’t Forget About Disparate Impact Discrimination](https://www.simonpaschal.com/2015/07/23/dont-forget-about-disparate-impact-discrimination/) - As Human Resources professionals, you all know about the various types of discrimination and quite certainly you all have policies prohibiting discrimination in the workplace. I am sure you have regular training for management and non-management personnel regarding how to prevent discrimination and in the unlikely event of discrimination, how to remedy it. Most likely,
- [Welcome](https://www.simonpaschal.com/2015/07/16/welcome/) - At Simon | Paschal PLLC, we believe when circumstances require you to hire an employment or business lawyer, you deserve a lawyer that is an extension of you, not merely a hired hand. It should be a lawyer that shares your passion. Whether you are starting a business, strengthening your current one, righting a wrong

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- [Homepage](https://www.simonpaschal.com/) - Legal Solutions for your employment needs Protecting today, building tomorrow The trust cost is not asking Employment law Whether dealing with government regulations, employment agreements, or litigation, our experienced team acts as a proactive partner to help businesses stay compliant and succeed. With a tailored approach that understands company culture, we are the essential legal team for navigating the complex landscape of employment law. Business law Whether starting
- [Dustin Paschal](https://www.simonpaschal.com/dustin-paschal/) - Dustin A. Paschal dustin@simonpaschal.com972.893.9341Dustin has always had a passion for employment law. He attended Baylor University where he graduated in 2002 with a B.B.A. in Human Resource Management. While at Baylor, Dustin interned with the Vice President of Human Resources at a national manufacturing company where he experienced first-hand the employment issues facing companies and individuals today. After graduating
- [Paul Simon](https://www.simonpaschal.com/paul-simon/) - Paul W. Simon paul@simonpaschal.com972.893.9342Paul is a founding member of Simon | Paschal PLLC, an employment and business law boutique in Dallas, Texas. Before forming and managing his own law firm, Paul practiced employment, business and immigration law at another law firm in Dallas.Paul graduated from Hope College and Michigan State University College of Law, where
- [Workplace Investigations](https://www.simonpaschal.com/workplace-investigations/) - Workplace Investigation Despite your best efforts as an employer, you likely will receive complaints from employees regarding workplace conduct and actions by other employees and managers/supervisors. Occasionally, those complaints may be related to areas protected under relevant employment laws – race, gender, disability, age, etc. While those complaints often can be investigated and handled internally,
- [Workplace HR Training](https://www.simonpaschal.com/workplace-hr-training/) - Workplace HR Training “Legally Speaking” – Onsite HR Training CoursesEvery workplace needs training for its employees not only on its handbook, policies, and procedures but also on the relevant employment laws applicable to all companies, workplaces, employees and managers. This training can prevent lawsuits, limit damages available to an aggrieved employee, and create a more
- [Flat Fee Services](https://www.simonpaschal.com/flat-fee-services/) - Services Occasionally the need arises for limited projects or assistance outside of an ongoing attorney-client relationship. For instance, an employer may seek training for a group of newly hired employees or newly promoted managers. An entrepreneur may need a corporation formed to proceed with his new venture. An employer may be facing an employee complaint
- [Share Your Experience](https://www.simonpaschal.com/share-your-experience/) - Share Your Experience Thank you for choosing Simon Paschal PLLC for your employment and business legal needs. We value your opinion and would love to hear about your experience. Share your thoughts and review Simon Paschal PLLC on your preferred platform: Review on Yelp Review on Google Review on Facebook Thank you!
- [Reviews](https://www.simonpaschal.com/reviews/) - Hear from our customers National Breast Cancer Foundation Testimonial “When the pandemic hit, HR practitioners had so much extra work to do to take care of the people in their organizations. And yet, Simon Paschal was right there, ready to help, offering resources, expertise, and helping us understand all the changing legislation and rules and
- [Practice Areas](https://www.simonpaschal.com/practice-areas/) - Practice Areas Employment LawEmployment law affects every business whether you realize it or not. Whether you are a business with one employee subject to the Fair Labor Standards Act and its minimum wage and overtime requirements or a business with hundreds of employees subject to Title VII anti-discrimination laws and the Family and Medical Leave
- [Meet the Team](https://www.simonpaschal.com/meet-the-team/) - Meet the Team Dustin A. Paschal dustin@simonpaschal.com972.893.9341 Dustin, a passionate employment law expert, graduated from Baylor University in 2002 with a B.B.A. in Human Resource Management and a J.D. from Baylor School of Law in 2005. He has focused his practice on Employment Law and Business Law, representing corporations, small businesses, and individuals in various
- [Who We Are](https://www.simonpaschal.com/who-we-are/) - Who We Are We understand that legal services are an expense most companies and individuals would like to avoid. Attorney fees can become significant, and they obviously do not directly yield revenue. While avoiding the expense can be tempting, that temporary cost savings often can result in greater expense down the road in the form
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- [Texas Registered Agent Services​](https://www.simonpaschal.com/texas-registered-agent-services/) - Texas Registered Agent Services​ All businesses operating in Texas are required to have a Texas Registered Agent. For $99/year, you can hire the Texas law firm of Simon | Paschal PLLC to act as your registered agent. Never have to worry about being served with a lawsuit at your home or office. Leave that stress
- [Legal Blog](https://www.simonpaschal.com/legal-blog/) - Legal Blog Non-Compete Ban Halted (For Now) We wanted to share some important news regarding the FTC non-compete rule with you. As you may know, the rule was scheduled to take effect Read More » August 23, 2024 No Comments Does Your Business Need Workplace HR Training? Regardless of the scale or nature of a
- [Entity Formation](https://www.simonpaschal.com/entity-formation/) - Entity Formation Simon | Paschal PLLC is your LLC formation lawyers in Dallas, Texas. As a service to entrepreneurs, existing business owners, or anyone seeking to form new entities, Simon | Paschal PLLC offers flat fee entity formation services, including the popular LLC formation for business owners in Dallas, Texas and the surrounding areas. Whether your
- [Employment Law](https://www.simonpaschal.com/employment-law/) - Employment Law Employment law affects almost every business whether you realize it or not. Whether you are a business with one employee subject to the Fair Labor Standards Act and its minimum wage and overtime requirements or a business with hundreds of employees subject to Title VII anti- discrimination laws and the Family and Medical Leave Act, you must abide by employment laws.Regardless
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- [Sample Page](https://www.simonpaschal.com/sample-page/) - This is an example page. It's different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: Hi there! I'm a bike messenger

## My Templates

- [Elementor Footer #77](https://www.simonpaschal.com/?elementor_library=elementor-footer-77) - Content area
- [Elementor Header #28](https://www.simonpaschal.com/?elementor_library=elementor-header-28) - Content area
- [Default Kit](https://www.simonpaschal.com/?elementor_library=default-kit)
- [award homepage](https://www.simonpaschal.com/?elementor_library=award-homepage)
- [Elementor Loop Item #3460](https://www.simonpaschal.com/?elementor_library=elementor-loop-item) - Elementor Loop Item #3460
- [Elementor Single Post #3808](https://www.simonpaschal.com/?elementor_library=elementor-single-post-3808) - Elementor Single Post #3808 August 13, 2023 David Cauthron We wanted to share some important news regarding the FTC non-compete rule with you. As you may know, the rule was scheduled to take effect on September 4, 2024. However, on August 20, 2024, Judge Ada Brown of the Northern District of Texas, in the case
- [Blog post template](https://www.simonpaschal.com/?elementor_library=blog-post-template-2) - Blog post template david@simonpaschal.com August 12, 2023 11:25 pm
- [Reviews](https://www.simonpaschal.com/?elementor_library=reviews) - Hear from our customers National Breast Cancer Foundation Testimonial “When the pandemic hit, HR practitioners had so much extra work to do to take care of the people in their organizations. And yet, Simon Paschal was right there, ready to help, offering resources, expertise, and helping us understand all the changing legislation and rules and
- [Contact us](https://www.simonpaschal.com/?elementor_library=contact-us) - Contact us Address:5300 Town and Country Blvd., Suite 155Frisco, TX 75034Phone:972.893.9340Fax:972.893.9350E-mail:info@simonpaschal.com Name Email Phone Subject Message Send
- [Legal Blog](https://www.simonpaschal.com/?elementor_library=legal-blog) - Legal blog Non-Compete Ban Halted (For Now) We wanted to share some important news regarding the FTC non-compete rule with you. As you may know, the rule was scheduled to take effect Read More » August 23, 2024 No Comments Does Your Business Need Workplace HR Training? Regardless of the scale or nature of a
- [Workplace HR training](https://www.simonpaschal.com/?elementor_library=workplace-hr-training) - Workplace HR training “Legally Speaking” – Onsite HR Training CourseEvery workplace needs training for its employees not only on its handbook, policies, and procedures but also on the relevant employment laws applicable to all companies, workplaces, employees and managers. This training can prevent lawsuits, limit damages available to an aggrieved employee, and create a more
- [Workplace investigations](https://www.simonpaschal.com/?elementor_library=workplace-investigations) - Workplace investigation Despite your best efforts as an employer, you likely will receive complaints from employees regarding workplace conduct and actions by other employees and managers/supervisors. Occasionally, those complaints may be related to areas protected under relevant employment laws – race, gender, disability, age, etc. While those complaints often can be investigated and handled internally,
- [Entity Formation](https://www.simonpaschal.com/?elementor_library=entity-formation) - Entity formation Simon | Paschal PLLC is your LLC formation lawyers in Dallas, Texas. As a service to entrepreneurs, existing business owners, or anyone seeking to form new entities, Simon | Paschal PLLC offers flat fee entity formation services, including the popular LLC formation for business owners in Dallas, Texas and the surrounding areas. Whether your
- [Flat Fee Services](https://www.simonpaschal.com/?elementor_library=flat-fee-services) - Flat fee services Occasionally the need arises for limited projects or assistance outside of an ongoing attorney-client relationship. For instance, an employer may seek training for a group of newly hired employees or newly promoted managers. An entrepreneur may need a corporation formed to proceed with his new venture. An employer may be facing an
- [General Counsel](https://www.simonpaschal.com/?elementor_library=general-counsel) - General Counsel At Simon | Paschal PLLC, we want to be a team for life and we want you and your business to succeed like it is our own. We know a guiding hand can be critical in rough seas and a swift and knowledgeable advisor is invaluable when your company is sailing along. It is with this
- [Business Law](https://www.simonpaschal.com/?elementor_library=elementor-single-page-239) - Business Law The lawyers at Simon | Paschal PLLC in Dallas, TX do not stop at employment law, we also focus on business law. As business owners, we understand that human resources is just one part of a company’s identity. In fact, some businesses are just starting or are so new that a thriving human
- [Employment law](https://www.simonpaschal.com/?elementor_library=employment-law) - Employment Law Employment law affects almost every business whether you realize it or not. Whether you are a business with one employee subject to the Fair Labor Standards Act and its minimum wage and overtime requirements or a business with hundreds of employees subject to Title VII anti- discrimination laws and the Family and Medical Leave Act, you must abide by employment laws.Regardless
- [Practice Areas Template](https://www.simonpaschal.com/?elementor_library=practice-areas-template) - Employment Law Employment law affects almost every business whether you realize it or not. Whether you are a business with one employee subject to the Fair Labor Standards Act and its minimum wage and overtime requirements or a business with hundreds of employees subject to Title VII anti- discrimination laws and the Family and Medical Leave Act, you must abide by employment laws.Regardless
- [Practice Areas](https://www.simonpaschal.com/?elementor_library=elementor-single-page-237) - Practice Areas Employment LawEmployment law affects every business whether you realize it or not. Whether you are a business with one employee subject to the Fair Labor Standards Act and its minimum wage and overtime requirements or a business with hundreds of employees subject to Title VII anti-discrimination laws and the Family and Medical Leave
- [Meet the team](https://www.simonpaschal.com/?elementor_library=meet-the-team) - Meet the team Dustin A. Paschal dustin@simonpaschal.com972.893.9341 Dustin, a passionate employment law expert, graduated from Baylor University in 2002 with a B.B.A. in Human Resource Management and a J.D. from Baylor School of Law in 2005. He has focused his practice on Employment Law and Business Law, representing corporations, small businesses, and individuals in various
- [Paul Simon](https://www.simonpaschal.com/?elementor_library=elementor-single-page-207) - Paul W. Simon paul@simonpaschal.com972.893.9342Paul is a founding member of Simon | Paschal PLLC, an employment and business law boutique in Dallas, Texas. Before forming and managing his own law firm, Paul practiced employment, business and immigration law at another law firm in Dallas.Paul graduated from Hope College and Michigan State University College of Law, where
- [Dustin Paschal](https://www.simonpaschal.com/?elementor_library=elementor-single-page-201) - Dustin A. Paschal dustin@simonpaschal.com972.893.9341Dustin has always had a passion for employment law. He attended Baylor University where he graduated in 2002 with a B.B.A. in Human Resource Management. While at Baylor, Dustin interned with the Vice President of Human Resources at a national manufacturing company where he experienced first-hand the employment issues facing companies and individuals today. After graduating
- [Who we are](https://www.simonpaschal.com/?elementor_library=who-we-are) - Who we are We understand that legal services are an expense most companies and individuals would like to avoid. Attorney fees can become significant, and they obviously do not directly yield revenue. While avoiding the expense can be tempting, that temporary cost savings often can result in greater expense down the road in the form
- [Homepage](https://www.simonpaschal.com/?elementor_library=homepage) - The true cost is not asking Play Play Play

## Products

- [Texas Registered Agent](https://www.simonpaschal.com/product/service-enroll/) - I do not currently have a registered agent, but I want one.
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## Categories

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