Employee Related Services
Our business lawyers have experience working closely with employers to provide the proper draft, detailed review, and confident negotiation of employment contracts such as non-compete agreements and severance agreements. In addition, we have experience defending discrimination and other employment related lawsuits. We also work with our clients to draft employee handbooks and other employment related materials.
We Can Help You Cover Your Bases When Hiring New Employees
Employee Contracts And Non-competition Agreements
Employment contracts may be necessary to protect small businesses or protect new and innovative ideas. These include things like non-disclosures, confidentiality clauses, trade secret clauses, and non-compete agreements.
A covenant not to compete is probably one of the more important and litigated employment agreements, or clause in employment agreements, that restricts an employee’s post-employment activities. Texas non-compete agreements prevent an employee from working in the employee’s chosen profession, trade, or industry, soliciting a former employer’s customers, or hiring the former employer’s employees within a specified geographical radius. Texas courts disfavor non-compete agreements, but enforce non-compete covenant if it is executed for valid consideration, contains reasonable geographic, temporal, and activity restrictions, and protects the employer’s legitimate business interests.
Employee Background Checks
Employers, and their attorneys, recognize the dangers and costs associated with bad hiring decisions that can be somewhat resolved by running a background check on all potential employees. We can run a background check and lawsuit search on all potential employees. Bad hiring decisions hurt businesses and increase lawsuits.
Bad hiring also leads to increased turnover and higher recruitment costs because poor hiring eventually leads to resignation or discharge, lost productivity, decreased employee morale, and increased safety concerns should employers belatedly learn an employee has a history of criminal and/or violent behavior.
Providing the right information in the employee manual can protect your business from laws such as social media regulations, firing disputes, OSHA issues, and data breaches. Working with our firm to develop your employee manual can save your business money and time. A properly drafted employee handbook informs employees of your expectations, policies, and procedures. Also, an employee handbook informs employees of what they can expect from you. A proper employee handbook will reduce liability for the employer and set expectations for employees.
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We Can Also Help With the Following Employee Related Services:
- Resolving Employee Disputes
- Terminating Employment
- Education Regarding Pay Laws
- Non-Disclosure Agreements
- Conducting Internal Investigations
- Independent Contractors
- Development and review of employment policies and procedures
- Training sessions for business owners, executives, and human resources personnel
- Sexual harassment prevention
- Education on properly hiring and discharging employees
- What to do about a nonperforming or problem employee
- Drafting and review of severance agreements
- Counsel regarding wage and benefits policies
- Non-compete agreement disputes
- Contract Litigation
What Is the Fair Labor Standards Act?
At is most basic, the Fair Labor Standards Act mandates certain wage and labor standards that must be observed in regards to government workers at the federal, state and local levels, as well as both full-time and part-time workers (though not necessarily contractors) in the American private sector. This legislation is both administered and enforced by the Wage and Hour Division of the United States Department of Labor with regards to private sector workers. A number of different federal agencies administer and enforce the Fair Labor Standards Act with regards to government employees.
Why does the Fair Labor Standards Act matter? The minimum wage and labor standards this piece of legislation mandates affects millions of American workers. And when the workers’ rights described in the FLSA are infringed upon, workers may seek compensation for the harm they have suffered and/or to have their rights restored as a result of this critical federal law. When hiring new employees covered by the FLSA, it is therefore important to make sure your business is complying with its terms. If you are unsure of how to comply with this important law, consider reaching out to an Arlington, Texas employee related services lawyer.
Fair Labor Standards Act – The Basics
In general, no private sector or government workers covered under the terms of the FLSA may be paid less than the minimum wage outlined in the framework of the law. In addition, the FLSA mandates overtime rates for nonexempt workers as well. When employers do not meet these minimums and/or they illegally deduct from an eligible worker’s wages or delay minimum required payments past required pay periods, these employers may be held accountable for the financial harm they have caused their workers.
The FLSA is a complex law. As a result, it can be helpful to consult an Arlington, TX employee related services lawyer if you have questions about a specific situation you are currently attempting to navigate. For example, perhaps you hire workers who receive tips. You may not understand all of your rights and their rights concerning base wages as well as tips. An Arlington, TX employee related services lawyer can help to explain how the FLSA protects you, your workers and to what extent its protections extend.
Similarly, while the FLSA does permit employers to pay teens less than the federal minimum wage for a brief number of calendar days during the starting period of a teen’s employment, an Arlington, TX employee related services lawyer will be able to clarify whether you are properly adhering to all provisions of the FLSA if you hire teens. Teen workers are too frequently taken advantage of, despite the fact that the law often protects them in clearly defined ways.
FLSA Assistance Is Available
Please do not hesitate to schedule a consultation with an Arlington, TX employee related services lawyer at Brandy Austin Law Firm, PLLC in order to explore your rights and responsibilities under the FLSA. Speaking with an attorney does not compel you to take any legal action. Scheduling a consultation simply allows you to have your questions answered so that you can make an informed decision about how best to proceed. Workers and employers have numerous rights. Speaking with an attorney will help you to clarify yours.