Employee Misclassification Can Cost You Big Time!

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Over $10 million awarded to states to crack down Probably, the number one issue I come across is employee misclassification or identification. Not surprisingly, this issue gets a lot of attention from the Department of Labor. Also, this area of litigation continues to grow. Recently, the DOL awarded over $10 million to 19 states, one of which was Texas, to implement … Read More

Family Medical Leave

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Which tracking method is best? The Family and Medical Leave Act allows employers to use four different methods to calculate the amount of FMLA leave an employee uses within a 12-month period. The four methods include: The calendar year; Any fixed 12-month “leave year,” such as a fiscal year, a year required by state law or a year starting on … Read More

Non-Competition Agreements

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They are enforceable, right? Not too long ago, I had a client present me with two non-competition agreements to review. I was dumbfounded by what I read. Now, these weren’t my client’s non-competition agreements and I did not draft them. So, I set about reviewing them and several sentences in the agreements made me laugh out loud. With my client’s … Read More

Sick Leave Policies

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How are your employees using it? I’ll be the first to admit, I look forward to September 1st each year. The dog days of summer are giving way to fall and it is the start of dove season and more importantly, duck and deer season are soon follow. However, as a lawyer, I started thinking about how employees use sick … Read More

Pregnancy Discrimination

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On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) published a new guidance document entitled “Enforcement Guidance: Pregnancy Discrimination and Related Issues” The document discusses how employers can violate Title VII when they use pregnancy as a factor for making employment related decisions. The guidance addresses seven areas where employers may violate the law. Don’t consider the following If … Read More

Background Checks: An Effective Tool, If Used Properly

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This past Tuesday, I did a presentation on “Background Checks: An Effective Tool, If Used Properly” at High Profile Staffing, as part of their monthly series of employment-related talks. The most important aspect of employment background checks today is that government agencies such as the Equal Opportunity Commission are ramping up efforts to stamp out barriers to hiring. This includes … Read More

American Apparel – Effectively Using Worksite Investigations

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On June 22 The Wall Street Journal reported that when Dov Charney, chairman, president, and CEO of American Apparel, arrived at a regularly scheduled board meeting on June 18 he was given two options: resign or the board would fire him with cause. The article details incredible episodes of lapses in judgment, photos depicting nudity, and Charney’s well known affinity … Read More

Protecting Software – Alternatives to Patents

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Over the past few decades, intellectual property (IP) has become an increasingly larger portion of the capital investment and assets of U.S. companies. For software companies, in particular, IP legal protection is crucial to secure their assets from theft or copycats. Pros and Cons of Software Patents. For many software companies, patents serve as a key tool in protecting their … Read More

Workplace Posters

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Many employers must post federal and state notices in a place for employees to see. A break room or similar area is a good choice.Below is a list of the most common notices employers in Texas must use. You can pay a service to provide them for your business, but why? All agencies provide them free of charge. Just click … Read More