- Видео 119
- Просмотров 52 246
Simon | Paschal PLLC
США
Добавлен 15 мар 2015
General Texas business and employment law questions answered.
The law firm of Simon | Paschal PLLC is located in Dallas, TX. These videos are meant to provide general knowledge and are not intended as legal advice. We strongly suggest engaging a lawyer before taking any action based on the advice provided in these videos.
The law firm of Simon | Paschal PLLC is located in Dallas, TX. These videos are meant to provide general knowledge and are not intended as legal advice. We strongly suggest engaging a lawyer before taking any action based on the advice provided in these videos.
Staying Compliant: Understanding the Latest Texas Employment Regulations
In this video, we break down the recent announcements from the Federal Trade Commission (FTC) and the Department of Labor (DOL) regarding noncompete agreements and new salary thresholds.
The FTC's ban on noncompete agreements has generated significant discussions in the business community, and we dive into what it means for you and your workforce.
Additionally, we explore the DOL's new salary thresholds and the impact they could have on overtime pay and compliance. It's crucial to stay informed and prepared for these changes, and our Frisco employment lawyers are here to provide expert guidance and support as you navigate the complexities of these new regulations.
Contact Simon | Paschal...
The FTC's ban on noncompete agreements has generated significant discussions in the business community, and we dive into what it means for you and your workforce.
Additionally, we explore the DOL's new salary thresholds and the impact they could have on overtime pay and compliance. It's crucial to stay informed and prepared for these changes, and our Frisco employment lawyers are here to provide expert guidance and support as you navigate the complexities of these new regulations.
Contact Simon | Paschal...
Просмотров: 151
Видео
Texas Registered Agent Services: What Every Business Owner Should Know
Просмотров 715 месяцев назад
Looking to start or run a business in Texas? Then it's vital to understand the role of registered agents. Serving as the point of contact for legal and government documents on behalf of your business, a registered agent is a legal requirement for LLCs, corporations, and partnerships in Texas. In this video, we explore everything you need to know about Texas registered agent services - from what...
Remote Realities: Legal Guidelines for Managing a Distributed Workforce
Просмотров 175 месяцев назад
In this video, we dive into the legal considerations and best practices for managing a remote team effectively. As companies increasingly embrace flexible work arrangements, it's essential to understand tax and labor laws that affect employees working outside the office. We discuss critical factors to take into account, such as data privacy, policies, employee contracts, and more. By implementi...
Why You Need Employment Contracts for Your Small Business
Просмотров 197 месяцев назад
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 disputes. Yet, they are often overlooked in small business settings. In this video...
Texas Overtime Laws Explained: Know Your Rights and Obligations
Просмотров 3937 месяцев назад
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 important for both employers ...
Understanding WARN Act in Texas
Просмотров 938 месяцев назад
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 for employers? Let's take a look! Still have questions? We're here to help! www.simonpaschal.com
FMLA Lawyer: Navigating Family and Medical Leave Act with Ease
Просмотров 7188 месяцев назад
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 daunting for both employees and employers. Depending on the location, size, and type of business, there are many things to consider. While at the end of the day it’s always best to get guidance from an employment lawyer to help you naviga...
Is Height and Weight Discrimination a Thing?
Просмотров 739 месяцев назад
Have you ever wondered if height and weight discrimination exist in the workplace? 📏⚖️ In our latest video, we dig into the topic of height and weight and shed light on this often overlooked form of bias. Join us as we uncover the truth behind workplace discrimination based on physical appearance and explore the legal implications. Discover the potential impact on hiring practices, job opportun...
The Benefits of LLC Formation For Your Texas Business
Просмотров 1459 месяцев назад
Discover the key advantages of forming a Limited Liability Company (LLC) for your Texas business in our latest video, "Unlocking the Benefits of LLC Formation." As a small business owner, choosing the right legal structure is crucial. Join us at Simon | Paschal as we dive into the benefits that LLC formation offers. With our expertise in LLC formation, we are here to guide you through the proce...
Decoding Reasonable Accommodation: Ensuring Workplace Inclusivity
Просмотров 139 месяцев назад
In this video, we dive into the important topic of "Decoding Reasonable Accommodation: Ensuring Workplace Inclusivity." Creating an inclusive work environment is not only the right thing to do, but it also benefits both employees and employers. Reasonable accommodation is a key aspect of workplace inclusivity, ensuring that individuals with disabilities have the same opportunities and access as...
Client Alert: New Reporting Requirement Affecting ALL Businesses
Просмотров 149 месяцев назад
📢 Client Alert Effective January 1, 2024, FinCEN (Financial Crimes Enforcement Network) mandates most businesses to report beneficial ownership information. Failure to comply with this requirement can result in significant penalties, including civil penalties of up to $500 per day and criminal penalties of up to two years' imprisonment and a $10,000 fine. In our video, we break down the Corpora...
Client Alert: Changes To Independent Contractor Test Every Business & Employee Needs To Know
Просмотров 459 месяцев назад
Attention employers and business owners! The United States Department of Labor has just released a new independent contractor test that could have significant implications for your workforce. Are you prepared to navigate these changes? In our latest RUclips video, "Breaking Down the New Independent Contractor Test," brought to you by Simon Paschal, we dive deep into the details of this new test...
Office Wars: Handling Employee Disputes Like a Pro
Просмотров 3910 месяцев назад
In the latest video, "Office Wars: Handling Employee Disputes Like a Pro," employment law attorneys Paul Simon and Dustin Paschal offer expert insights on managing employee disputes with finesse. At Simon Paschal PLLC, we understand that dealing with conflicts in the workplace can be challenging. That's why our experienced team specializes in employment law, providing proactive legal solutions ...
New Year Legal Tips: Essential Business Checklists for 2024
Просмотров 5210 месяцев назад
In our latest video, "New Year Legal Tips: Essential Business Checklists for 2024," join employment law lawyers Paul Simon and Dustin Paschal as they provide invaluable insights to help your business thrive. Starting or growing a business involves navigating a complex legal landscape. That's why our Simon | Paschal PLLC team is committed to providing tailored legal solutions for entrepreneurs l...
Employer's Holiday Decorations and Gifts: Legal Considerations and Best Practices
Просмотров 7111 месяцев назад
Welcome to another episode of SimonPaschalSays! In this edition, Paul Simon and Dustin Paschal from Simon Paschal Law Firm unravel the legal considerations and best practices for employers when it comes to holiday decorations and gifts. Key Points: * Religious-Based Decorations: * Small businesses can choose to have religious-based holiday decorations. * However, it's crucial to navigate this t...
Ep. 10 - Friday Q&A - What is the status of mandatory vaccinations?
Просмотров 332 года назад
Ep. 10 - Friday Q&A - What is the status of mandatory vaccinations?
Ep. 9 - Friday Q&A - What Constitutes Sexual Harassment?
Просмотров 363 года назад
Ep. 9 - Friday Q&A - What Constitutes Sexual Harassment?
Ep. 8 - Friday Q&A - Is There a Federal Vaccine Mandate for Private Employers?
Просмотров 613 года назад
Ep. 8 - Friday Q&A - Is There a Federal Vaccine Mandate for Private Employers?
Ep. 7 - Friday Q&A - Can Employers Require the Covid Vaccine?
Просмотров 733 года назад
Ep. 7 - Friday Q&A - Can Employers Require the Covid Vaccine?
Ep. 6 - Friday Q&A - Do Employers and Employees Have to Provide Notice of Termination?
Просмотров 643 года назад
Ep. 6 - Friday Q&A - Do Employers and Employees Have to Provide Notice of Termination?
National Breast Cancer Foundation Testimonial
Просмотров 233 года назад
National Breast Cancer Foundation Testimonial
Simon | Paschal - Employment and Business Law Firm
Просмотров 903 года назад
Simon | Paschal - Employment and Business Law Firm
Ep. 5 - Friday Q&A - Can an Employer Force an Employee to Take FMLA Leave?
Просмотров 2443 года назад
Ep. 5 - Friday Q&A - Can an Employer Force an Employee to Take FMLA Leave?
What Employers Need to Know About Severance Agreements
Просмотров 1063 года назад
What Employers Need to Know About Severance Agreements
Ep. 4 - Friday Q&A - Do Employers Have to Provide Paid Holiday Leave?
Просмотров 323 года назад
Ep. 4 - Friday Q&A - Do Employers Have to Provide Paid Holiday Leave?
Tips for Employers to Avoid Regarded as Disability Discrimination Claims
Просмотров 713 года назад
Tips for Employers to Avoid Regarded as Disability Discrimination Claims
Episode 3: Friday Q&A - Can an employer withhold an employee's final paycheck for stolen property?
Просмотров 3563 года назад
Episode 3: Friday Q&A - Can an employer withhold an employee's final paycheck for stolen property?
Pretty absurd that the states are so divided on the application of workman’s compensation laws, Texas and South Dakota, I believe Nevada I could be wrong are the only states the allow businesses not to carry it regardless of the amount of employees, other states however like Arkansas Tennessee and Georgia allow exemptions from the policy for up to 5 employees or family members from the coverage, yet in California and New York it is required for all employees and businesses, they are even trying to pass a law in California that makes a self employed contractor with no employees have to carry the policy, a situation that normally would exempt themselves. They need to level the playing field and make it the same in Texas as it is in New York
Aye fam thank you as black man looking for help to educate me on my behalf i appreciate you for taking your time to make this video and helping me. Kind of hard to find because not alot of views but i appreciate you
So are you referring to only nonexempt on paying the travel time from home to work in this video throughout?
Can I speak to you please?
actually the first thing you need to do is do a public records request on the so called "hearing officer". There is a job description for what a "hearing officer" should be. In that job description it is said that they should be an attorney or in training as an attorney. With that said, it is likely, as I have found, that the "hearing officer" will not an attorney. They will be some sort of someone of "other" rank. Likely a "UI Claims Examiner". So you basically get an "arm chair quarter back". Possession is 90% of the law, so you might have the "precedent manual" but they actually have it and at best on a good day, they are doing to scroll through it and pick something they like vs something that is legally and ethically comparable as a true precedent. There will be nothing close to constitutional or even close to what would be considered mediation. The odds of the employer losing are astronomically high. The odds of being able to express your side as an employer are close to zero. The system is purposefully vague, meandering, deceptive and unfair for the employer. It is a kangaroo court on it's best day. Expect nothing in terms of anything close to considered maintaining civil rights for either party. The overall idea is to get the employee in their grasp, control and statistics. There is zero help guidance or information for the employer.
Overall, I need help. I'm currently and slowly compiling information to take to the Texas Attorney General. The Texas Sunset Advisory Commission is meeting in 2026 regarding the Texas Workforce Commission. Let it be known that the employer is being taxed without representation. The Texas Workforce Commission is an organization that runs without checks and balances nor any sort of audit. They tax the business owner and simply drain out business funds to be redistributed to public programs of their choice. They do this without question. Further they do nothing for the business owner. A business owner receives no benefit from their so called "insurance plan". A business of 5 employees is treated exactly the same as a business of a thousand employees. Having talked to business owners of all sizes, no one benefits but the Texas Workforce Commission itself. It is a closed system monopoly regime. Call, ask questions and you get zero answer. You get vague-ness. You get the run around. Shoulder shrugs. "I dont know" is their mission statement. The monopoly needs to be broken up as with the electric companies; as with the airlines. The business owner should be given a choice in so called "insurance" benefits. Real, paid, private practice mediators that listen in objectivity need to be handling these cases in a timely fashion. Clear, concise , legal and constitutional proceedings need to be in place. Protection, freedom and civil rights needs to the focus. Not redistribution of funds and human resources out of foundational mom and pop businesses. Be ready in 2026 to make your voice heard. Let's get this communist monopoly of a regime broke up and back to real representation of the real entrepreneurs that make up 52% of people that work for themselves and that have made America and Texas what it is today. The Texas Workforce Commission is the Texas Work FARCE commission. They make up and distribute the data they want the government to know so they can keep their 6 figure plus income and work from home when they want to. If you get the time go check out Brian Daniels......THE LEAD GUY FOR THE TWC....... look at his worthless videos. Look at the abysmal effort and rock bottom statistics. Look at the lean to the employee in those videos. Look at the lacking towards the owners that are taxed without representation. If you can stand the indirect message he is sending to us out here as business owners, then you have to be numb. Where there is any value what so ever in what he is displaying for a 9 BILLION dollar a year entity that has taxed us to it's "success" is beyond me! Go check that out and tell me if you can stand it.....
How long do they have to set me up for a hearing because I'm going on a month already with no hearing?
There is no set time limit in which the TWC has to set an appeal hearing. We’ve seen it range widely. Post-pandemic it was not unusual for it to take several months.
Thanks for your great advice. Would you pls let me know email address for rescheduling a hearing?
If you were terminated from a job, and put on a blacklist. Would the employer still have your employment records after say 20 years, if you reapply and you were blacklisted/pit on a do not hire list?
Would I be able to ask for unemployment on FMLA leave ?
What if I leave home and drive my personal vehicle to the shop (business location) and pick up a company truck then head to a job site and at the end of the day return the company truck to the shop and then drive my personal vehicle home? Is the travel time in the company vehicle supposed to be compensated? I am an hourly employee eligible for overtime working construction in the Dallas area.
Yeah you should be clocked in if you’re driving a company vehicle unless you’re driving it to your house.
I live in Texas and got injured on job working as a contractor and am currently on workman's comp the company allowed me to return on light duty and are expecting me to go against my light duty restrictions and when I refuse and they won't make accomodations for the restrictions I start getting depressed and feel like I will be terminated what are my rights what do I do?
Thank you so much for these videos. I was formally an employee of a company for seven years. I had PTO time that I requested that was given to me. I sent in my resignation letter the day after my PTO. The following payroll, I noticed I was not paid what was rightfully mine. I was told by that company that under Texas law, they are not required to pay out any paid time off. At the moment I was completely blindsided that this was even true. But wiry more research I did in fact, it is not a state law or federal law that any employer in Texas is required or obligated to include PTO benefits to their employees, but because this company specifically does include PTO in their benefits, I was entitled to PTO as a full-time employee. And because my PTO was submitted before my resignation, I am rightfully owed compensation. Therefore, they are in direct violation of the Texas PD act.
I'm being sent to work on restrictions to get paid workers comp texas is a joke
My name is Tommy Jones. My job has been telling me. I have to work on Sunday. I told my job. That is against my religious beliefs. What is my legal rights?
Can you explain HIPAA section 45 CFR 164.512(b)(1)(v)(C) concerning employer rights to access PHI for compliance with 29 CFR 1904? For example, if an employer sends an employee that alleges a workplace injury to a clinic, the employer needs treatment and diagnosis information to determine if the injury is: 1. work related 29 CFR 1904.5 2. Days away 29 CFR 1904.7(b)(3) 3. Restricted work or transfer 29 CFR 1904.7(b)(4) 4. Medical treatment beyond first aid 29 CFR 1904.7(b)(5)
Is it required to have worker's compensation as a subcontractor?
The state of Texas does not require anyone to carry worker's compensation. However, as a subcontractor, you may want to review your contract to determine if you are contractually required to have worker's compensation insurance.
@@SimonpaschalPLLC thank you. My contractor told me texas law requires it and wanted me to get my own plan or buy into their plan.
Thank you this was great!
You are delusional. Employers are under NO obligation to give vets there jobs back. Where do you get this nonsense?
What!!
@@HighBalling this is all old... have you ever talked to a to someone in USERRA?
You need to do some better research bub, a lot has changed
@@adanramirez2664 Really. They refused to refer my case.
@@adanramirez2664 That’s the wrong question. The question you should be asking anyone with a USERRA is Bo they own a gun.
My employer will not qualify me for FMLA to take care of my special needs son because I was on a leave during the pandemic. So, I did not work the hours needed to qualify for a FMLA. But, can my employer, American Airlines, deny me even though I did them a favor? AA offered leaves in order to reduced employees getting furloughed in 2020. I took the leave. It also gave me the time off to take care of my special needs son. AA cancelled my leave. I now have to go back to work November 2021, so I need to qualify for a FMLA to be able to take care of my son since I am back to work. Are there any exceptions to the law (of needing to work a certain amount of hours a year order to qualify), because we were/are in a pandemic? If so, where can I get this documentation?
Gonna need a link of that manual please
STOP ignorant...........TWC acts favoring the company by omitting the worker's version. TWC probably receives money from companies that do not pay unemployment benefits .......We have to do something to change this situation because workers are victims from TWC....
Good vids. I think you deserve way more views! Why aren’t you using Promosm!? Lot’s of channels are using it to promote their videos.
I'm not well versed in legal procedures but this video was very useful in that key terms and phrases aided in my further researching all things arbitrations! Thank you for this video! :-)
English please. Your lawyer speak helped me out zero.
hahahah
What to do if I, forget to call in a claim
I quit my job because I was hospitalized and told my employer the situation of why I wasn't coming into work .. And I told them that I didn't want them to tell the other employees about my situation .. When I arrived to work . I was ridiculed and made fun of by the employees and they told me that the boss told them .. Is this a HIPAA VIOLATION?
Yes it is big time!!!
I have question what happens if your job description changes drastically and you the employee are unable to preform the new position successfully
EMPLOYER CAN NOT PUT SPYWARE OR TRICK OR MISLEAD A EMPLOYEE ON THERE PERSONAL CELLPHONE. OR INVADED THERE PERSONAL GMAIL ACCOUNTS CONVERSATION AND THATS BULL CRAP ABOUT BEING ABLE TO monitor an employee's Facebook do you even know what name they're even up under HOW WOULD THE EMPLOYER KNOW THAT IF THEY HAVEN'T INVADED AND CROSSED THE LINE WITH SPYWARE they may not even be on Facebook 😒
your beard Dude is messed up
Does the parent of a minor (someone under 18) have the rights to the work schedule from an employer for thier minor child or can the employer deny the request saying it falls under thier privacy act in texas?
So, what if an employer agrees to the reasonable accommodation.... then fires you the next day for seeking treatment?
No drug tests, nothing.
If an employee takes a personal vacation not on the company's budget, but uses their own personal budget from their personal bank account to pay for the expenses, the company can not deduct their vacation from the employee's wages. However, I agree that if the employee uses the company's budget to pay for the expenses for the personal vacation, and never reimbursed the company for what is owed to the company, then the company can deduct the amount owe from the employee's wages. I like this video and thanks for sharing!
I was fired one day after I had filed a sexual harassment complaint with my employer. I had a clean employment record. My attorney told me I had a good retaliation case. My attorney works for me on contingency. So he only gets paid from the settlement agreement. Well, during mediation with TWC (The Texas Workforce Department of Civil Rights) the company's attorney boasted of the arbitration agreement as if saying 'oh you can't do anything to us'. The employer offered one months salary and walked away from negotiations when we refused. So now the case is headed for investigation and eventually arbitration. I'm the employee. I don't know if the arbitration will use EEOC guidance when deciding my case. I have a super strong case if you follow EEOC guidance.
What happened?
So an employer can zero out an employee's final pay if the employee borrowed alone that was just done verbally never denied not paying the loan back and the final pay a 1 weeks pay has been completely kept by the employer as long as they signed an acknowledgement form that's not itemize or detail it just talks about seductions on Final pay is that correct
What happens when the one who wrongfully discharged was fired for wrong doing and when the appeal date come up and a random guy is improvising the appeal. What to do?
I am from spring, Texas (Houston tx)
Please email me I am clueless on what to do! Dulcerubyg94@gmail.com
I have a question! I've gotten fired about a week ago from today, the boss said she will mail me my paycheck but I haven't received it. When do I know it's time to take them to court? How long should I even wait? She owes me my first week of pay, my credit tips and my final 2 week paycheck since I completed those 2 weeks before she fired me!
Sue them the day the check is late and get interest.
Hello, Thanks for the video. Have a quick question if you could please clarify. I think I am exempted over professional exemption i.e. salary more than 455$/week, doing professional work with advanced degree. Does that mean that my company can make me work for 9 hours a day for more than a year with paying me anything extra? I worked for 9 hours a day for around year and a half. Would this be considered as overtime exemption?
/