Dallas Employment Law Attorneys

On behalf of employers, employment law attorneys at Geary, Porter & Donovan, PC, negotiate and prepare employment contracts and termination documents and participate in arbitration programs. We represent national and local employers of all sizes in state and federal court in cases of alleged discrimination, harassment, or wrongful termination. We review and interpret contracts, and we negotiate disputes before state and federal government agencies.

Lawyers in our employment law group offer preventive and compliance labor law in the form of counseling and training. We assist in the development and maintenance of sound employment practices and policies designed to help employers avoid legal problems.

Throughout our practice, we offer the benefits of long experience and extensive resources within our firm. We invite you to read the wealth of employment law information on this page then contact us for skilled representation and counseling.

Employment, Employer - An Overview

Hiring

When hiring a new employee, an employer must be cognizant of state and federal laws that govern the hiring, compensation, treatment, and termination of all employees. For example, employers must be familiar with Title VII of the Civil Rights Act of 1964 (Title VII). This statute forbids the use of race, color, national origin, religion, and sex in all hiring, employment and termination decisions. Also, the employer must follow federal laws concerning documentation. I-9 immigration status forms and W-4 tax forms are critical documents that every employer must record and preserve on a regular basis.

Employers must also adhere to state laws that govern hiring and certification of new employees. This could include notifying a State Department of Labor of a new hire or registering as a new employer. Some employers may want to administer certain tests to new employees that identify drug use or possible psychological problems. Before doing so, an employer must be familiar with laws governing how tests may be performed. Because employees generally have a right to personal privacy, an employer should consult an employment law attorney before submitting potential hires to psychological tests, drug screening processes, or inquiring into sexual behavior or alcohol use.

If you are faced with issues regarding hiring and employment, consult an attorney.

Compensation

For most employers, the issue of base pay is a common one. Both state and federal law cover this issue. The federal law that establishes the minimum wage is the Fair Labor Standards Act (FLSA), which was amended by the Fair Minimum Wage Act of 2007 to raise the minimum wage in three stages. Before the 2007 act, the minimum wage was $5.15 per hour, where it had been for about ten years. The Act raised the minimum wage to $5.85 per hour on July 24, 2007, with subsequent 70 cent raises scheduled on that same date both in 2008 and 2009.

State law can set a higher minimum wage; however, only a few states do so. If state law sets a lower minimum wage, the employer must pay the higher federal minimum wage.

Some industries are permitted to pay a lower minimum wage and some employees are not covered by the FLSA, most notably executive, administrative, and professional employees. In addition, employees who regularly receive tips, apprentices, some workers with disabilities, and younger workers may receive lower wages under certain conditions.

Leave

Employers will inevitably receive employee requests for time off from work. There are two statutes that cover employees who wish to take time off. The Family and Medical Leave Act (FMLA) allows covered employees up to twelve weeks of unpaid leave to deal with certain family issues. Pregnancy and sickness within the family are usually the concerns that the FMLA deals with. The second leave statute is the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). This law broadly allows those in the military to leave work for active service and be guaranteed their job on return. The law also forecloses "at-will" employment for one year upon return to work. This discourages retaliatory action by the employer.

Termination

The two principal concepts regarding termination are "at-will" employment and "for-cause" termination. "At-will" employment is the standard throughout most of the United States and means that an employee can be fired at any time for any reason as long as the reason is legal. At the same time, an employee can leave the job at any time for any reason. "For-cause" employment necessitates legitimate reasons for termination. Normally the employment is secured by a contractual obligation between the parties. There can also be statutory protections that require notification. These would include notification of a large layoff or collective bargaining in the event a union is involved.

Conclusion

In all aspects of employment an employer must be aware of existing law, both state and federal. Some occupations require a certain minimum wage or possible reporting requirements. In regard to termination, an employer should be aware of any relevant state laws related to firing an employee. Also, the employer should be aware of statements made at hiring that could be later determined to be contractual in nature. Employment law seeks to simplify some of these questions and produce predictable results. Current or potential employers should consult an employment law attorney for additional information and guidance.

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