Ultimate Guide to Hiring a Workplace Injury Attorney in Austin Workplace injuries can be devastating both physically and financially. If you’ve been injured on the job, hiring an experienced attorney is important to help you navigate the complicated legal process and ensure you receive the compensation you deserve. However, finding the right workplace injury attorney in Austin can be daunting. With so many options to choose from, it can be overwhelming to know where to start. That’s why we’ve put together this ultimate guide to help you hire an Austin workplace injury attorney. In this post, we’ll cover everything from the qualities to look for in an attorney, the questions to ask during a consultation, and what to expect during[…]

Understanding First-Party Claims: A Comprehensive Guide Insurance policies can be complicated, and it’s often hard to understand all the different types of claims that can be made. One type of claim that many people may not be familiar with is a first-party claim. This type of claim is made directly by the policyholder and is typically made for damages or losses that they have suffered. It can be confusing to navigate the world of insurance claims, but understanding first-party claims is an essential part of being a responsible insurance customer. In this post, we’ll explore what first-party claims are, how they work, and what you need to know to make sure you’re prepared in the event that you need to[…]

Navigating BYOD Laws by State: What You Need to Know The Bring Your Own Device (BYOD) trend is on the rise in the workplace. It allows employees to use their personal devices such as smartphones, tablets, and laptops for work purposes. This can increase productivity and save employers money on hardware costs. However, there are potential legal risks that come with this trend. Different states have different laws regarding BYOD, and it can be challenging for employers to navigate these laws. Failure to comply with these laws can result in costly litigation. In this blog post, we will break down the BYOD laws by state and provide useful information for employers to ensure they are in compliance with the law.[…]

Texas LLP Statute: What You Need to Know Before Forming an LLP If you’re thinking of forming a Limited Liability Partnership (LLP) in Texas, there are some important things you need to know before you get started. Texas LLP statute is a set of laws that govern the formation, operation, and dissolution of Limited Liability Partnerships in Texas. In this post, we’ll look closer at the Texas LLP statute and what you need to know before forming an LLP. We’ll cover everything from the formation process and the benefits of an LLP to the responsibilities and liabilities of partners. So, whether you’re an entrepreneur looking to start your own business or an established business owner looking to restructure your company,[…]

Understanding Texas Wage and Hour Laws: What Employers Need to Know. As an employer, understanding wage and hour laws is crucial to ensuring your business operates within the legal framework. In Texas, employers must comply with state and federal wage and hour laws. These laws establish minimum wage rates, overtime pay, and other employment standards. Understanding these laws can be challenging, especially for new employers or those without experience in dealing with wage and hour issues. This post will provide an overview of Texas wage and hour laws, including minimum wage and overtime requirements, recordkeeping obligations, and exemptions. Whether a small business owner or a large corporation, this guide will help you navigate Texas wage and hour laws. Introduction to[…]

Military Service as Basis for Discrimination

We frequently hear in the media about workplace discrimination based on gender, race, national origin, age, or disability, which is all too common. Most Americans, however, would be surprised to learn that thousands of workers are subjected to blatant and harmful discrimination each year purely because they are veterans or are currently serving in the Armed Forces – and that this discrimination harms our national security by discouraging participation in the National Guard and Reserve. Despite the widely publicized job skills that veterans and servicemembers provide, such as leadership, education, training, values, and teamwork experience, many civilian employers believe that their employees’ military duties are inconvenient to their businesses, and some believe that their employees should not be allowed to[…]

work injury cases osha

OSHA has become a household name for victims of workplace fatalities, but there appears to be a completely incorrect understanding of OSHA’s role following a workplace fatality. Simply put, OSHA is unconcerned about your lawsuit. That probably sounds harsh at first. After all, OSHA is the go-to guy for everything work-related, aren’t they? Why would they be unconcerned about a workplace injury lawsuit? This is a simple question to answer without sounding cynical. OSHA is unconcerned because it is not their job to be concerned. Most Organizations Don’t Care, Yet no one is Surprised Nobody is surprised that the fire department is unconcerned about your ability to sue for a workplace injury. Nobody is surprised that the paramedics and the[…]

What does a Texas Workplace Injury Attorney Do? Workplace Injury Attorneys understand the stress and trauma that can result from workplace accidents. If you have been injured in an industrial plant accident, natural gas drilling accident, offshore accident, or oil drilling accident, a Texas workplace injury attorney from our team could help defend you. Many workers are unaware of their rights and they do not realize they could be entitled to compensation for their medical bills and pain and suffering. Workplace Accidents Every year, almost 250,000 people are injured in workplace accidents. These are often the result of carelessness on the part of their employer and can lead to life-altering injuries and disabilities. If you have been injured in an[…]

laid-off-understand-your-rights

When the economy slows, companies run into difficulties, businesses scale back their workforce, and layoffs increase.  What do you do if you are facing one of these layoffs?  Many initial inquiries that I take in my office come from people recently or about to be laid off and inquiring about their rights. Before talking about your rights, here are the brutal statistics regarding recent layoffs in Texas: (Source: U.S. Department of Labor’s Bureau of Labor Statistics). Texas companies took: 95 “mass layoff actions” involving 50 or more workers in December 2018 (twice as many as the same month in 2007). 64 mass layoffs in November 2018 86 mass layoffs in October 2018. Dallas County had the most anticipated layoffs of[…]

Today’s post provides examples of workplace issues involving workers’ national origin and provides points for employers to consider as they manage national origin issues in the workplace. Examples National origin discrimination claims can arise from lots of different circumstances. A fairly classic set of facts is presented in a November 2016 suit brought by the EEOC. The agency alleges that a temporary staffing firm segregated Latino workers in less desirable, more hazardous positions, paid them less, and provided fewer hours than their non-Hispanic counterparts. When the Latino workers complained about ongoing harassment including ethnic slurs, threats, and verbal abuse, the staffing firm did nothing. In 2015, the EEOC brought suit against National Tire & Battery in a case involving facts that[…]

Allegations of sexual harassment continue to attract media attention and commentary, including ours. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. Legally actionable sexual harassment takes many forms, from the classic quid pro quo claims included in the Sterling Jewelers case to the innuendo claimed in Gretchen Carlson’s suit against Roger Ailes and Fox News, to inappropriate greeting cards. Last week we learned that hugging, if it is unwelcome and pervasive, can create a hostile work environment and that a University president can be forced to resign by allegations of inappropriate “abrazos,” or embraces. Sexual harassment in the workplace is conduct or communication of a sexual nature that is unwelcome[…]

Yesterday we spoke about women within the civil rights movement, namely Rosa Parks are icons for women all around the globe in any era and any decade. The high-quality point in the series might be to celebrate as well as the contributions we make to improve our lives while contributing in a means for you to history. You maintain your balance sheet in the balance by making a balancing entry called Human Capital an individual include as part of owners’ money. This makes every employee a co-owner in the organization at an equivalent of their particular asset value – with 100 % free and without issuing provides. Paycheck Fairness Act For this generation especially, we’re raised I’m able to the[…]

From time to time I get questions from employees asking what legal recourse they have against their employer for what they perceive as unfair conduct. Usually, this stems from an employee being mistreated and/or fired. My experience in this area of law stems mostly from my previous experience as general counsel for a corporation, which was like a crash course in labor and employment law, dealing with everything from employment contracts, non-compete agreements, union grievances, and collective bargaining agreements, to discrimination claims and OSHA complaints. Whew! That kept me and the human resources department very busy. Fortunately, the head of the human relations department was outstanding. It takes a lot of talent and experience to be a good HR manager,[…]

Many large companies routinely include a mandatory arbitration provision in their contracts with smaller businesses and consumers. These large companies thereby become the best customers for the arbitration services and arbitrators. They provide almost all repeat business. You, the small business person or consumer, on the other hand, are someone the arbitration business is not likely to ever see again. Your arbitration with them is a one-shot deal. You are not a repeat customer, unlike the big businesses who put those arbitration clauses in their contracts. Think that doesn’t influence the arbitrators? In an ideal world, it would not, and maybe with some arbitrators it does not, but in the real world, do you really think the arbitration services don’t[…]

Most business owners recognize the value in setting up their business as a corporation or limited liability company. The main value of either form of entity is the potential protection from personal liability for the debts and liabilities of the company. This can be a huge advantage. Along with adequate insurance, this is the obvious and easiest way to limit your personal liability as a business owner. Limited Liability Company or S Corp? Small business owners are often confused by the choice between a limited liability company or an S corporation. The trend in Texas for the small business owner is towards using the limited liability company. Limited liability companies are more flexible in who can be an owner and[…]

A recent study about telecommuting echoes an old adage: Misery loves company. While the option of working from home makes employees happier and often more productive, it may have the opposite affect on those still stuck at the office. Perhaps it’s just the mere thought that their coworkers get to pass the day in their pajamas and see their kids before 7 pm, that they don’t have to get up, get dressed, make the drive, and rush to get things done at lunch. The study didn’t really get into those details, just that employees that remain at work while coworkers telecommute tend to be less satisfied and have a lower probability of remaining with the company. The greater the prevalence[…]

The Human Resources function is typically responsible for the overall management of the new employee orientation process. The orientation process begins before a new employee’s first day and continues typically for the first two months. The following checklist outlines the responsibilities involved: EMPLOYEE ORIENTATION – HUMAN RESOURCES CHECKLIST Recruiting Kit: Deliver the following reading material to the prospective employee along with the letter of offer: Company Code of Conduct (including confirmation slip to be signed by employee) Benefit Summary Summary of Career Paths Standard marketing information (for business unit) General Information Form (contact and family information, etc.) Personal Tax Forms Payroll Direct Deposit Form New employee or change of bank account form Medical and dental enrolment forms Employment equity statement[…]

I apologize, I am sorry, my mistake, my bad, oops… Part of being human is making mistakes. Many times when we make a mistake it causes harm to others either physically or emotionally, and as a result, we find our selves in a situation where we must apologize for those mistakes. As an HR consultant, I am frequently faced with situations where a disgruntled employee feels that the company has wronged him or her in some way, shape, or form. If the emotional impact is great, then the employee may seek legal action against the company, but in many cases, the employee just wants a simple, heart felt, “I’m sorry”. At my Texas based PEO, I often find that employers[…]

In the time that I have worked as an HR Consultant, I have stumbled upon a large amount of employers who do not know how to properly fill out their I-9 (Employment Eligibility Verification) documents. This poses a rather large problem in the event that an Immigration and Customs Enforcement (ICE) agent would come through the doors for a file audit, because each incorrectly filled out I-9 will cost an organization between $100-1000 in fines and penalties. Therefore, a company with only 50 employees could be looking at fine amounts in excess of $50,000. Avoiding fines of this nature can actually be very easy. However, it does necessitate that you follow a few simple rules about I-9 compliance. Document Appropriate[…]

Using contractors for your IT needs can be a good idea as it allows you to concentrate your company’s resources on your business. You also don’t have to administer holiday and sick pay and collect tax for contractors, and employing a person as a contractor can be up to 30% cheaper than taking them on as a full-time employee.But if you’re going down this route you need to understand exactly what a contractor is. Contractors are engaged to perform specific tasks or to produce certain results, and are usually paid on the completion of the tasks that they’ve been engaged for. They usually Run their own businesses. Provide their own equipment or work from their own base of operations. Determine[…]