Law Offices of Kell A. Simon 2026-07-11T13:06:00Z https://www.kellsimonlaw.com/feed/atom/ WordPress On Behalf of Law Offices of Kell A. Simon <![CDATA[Can employers round time worked when calculating pay?]]> https://www.kellsimonlaw.com/?p=49075 2026-07-11T13:06:00Z 2026-07-11T13:06:00Z Employers must be neutral when rounding There are rules that apply when employers round time clock records for the purpose of calculating pay. First and foremost, companies typically cannot use increments of time any larger than 15 minutes. Additionally, they must consistently round time both up and down in a neutral manner. If the company almost always rounds a worker's time worked down, even when they worked eight minutes out of a 10-minute increment, that is likely a violation of the worker’s wage rights. Professionals who question the time clock practices of their employers may need to maintain records that they can then compare to their pay stubs to validate that their employers have paid them fairly. In cases where companies round time worked down as a means of withholding pay, workers may have the right to bring a wage and hour claim against their employers. Reviewing pay records with an employment law attorney can help hourly workers recognize violations of their rights and pursue the wages they’ve earned but have not received.  ]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[5 examples of an employer’s retaliatory behavior]]> https://www.kellsimonlaw.com/?p=49073 2026-07-09T10:34:04Z 2026-07-09T10:29:42Z Employer conduct that can signal retaliation Retaliation generally happens when an employer takes adverse action because you exercised a legal workplace right. In Texas, the law recognizes several situations where those protections apply. Employees can file discrimination complaints with the Texas Workforce Commission. State law also prohibits retaliation against workers who oppose unlawful discrimination, make a complaint or participate in an investigation or hearing. Several workplace actions may raise concerns when they occur under those circumstances. Common examples include:
  • Termination, demotion or reduced hours: A worker reports workplace harassment. Soon after, the worker loses a promotion, gets fewer shifts or is fired without a clear business reason.
  • Unfair disciplinary action: Your strong reviews suddenly turn negative after you file a complaint, even though your work stays the same.
  • Undesirable job reassignment: Your employer moves you to a less desirable location, removes key duties or gives you a role with less room to grow.
  • Schedule changes designed to create hardship: Your work hours change without a clear reason and begin to conflict with your family duties or long-established availability.
  • Exclusion after supporting another employee: You serve as a witness in a coworker's investigation. Afterward, your manager leaves you out of key meetings, denies training or passes you over for advancement despite your strong record.
One job action alone does not always prove retaliation. Instead, timing, the employer's reason and other facts often show whether the action can raise legal concerns.

Why understanding your rights matters

If you notice major job changes after protected activity, keep your reviews, emails and schedule records. Those documents often show whether your employer followed normal business practices or acted differently afterward. Legal guidance can explain how retaliation laws apply to your situation. An attorney may help review deadlines, evidence and possible legal choices before you decide what to do next.]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[You do not have to be pregnant to experience discrimination]]> https://www.kellsimonlaw.com/?p=49069 2026-07-01T09:38:58Z 2026-07-01T09:38:58Z Pregnancy discrimination often happens when someone becomes pregnant. This is a significant life change. It may impact their availability if they need to go on maternity leave or take time off for appointments and medical obligations. This type of discrimination may be relatively clear. If a woman reveals to her boss that she has become pregnant and then finds out the next week that she has been fired, she may believe that her pregnancy is the only reason for the termination of her position. Her boss is just trying to replace her with another worker who will not need to go on maternity leave, which is a clear violation of her rights.

The potential to become pregnant

That being said, the law technically states that a woman cannot be discriminated against for anything related to pregnancy, including her capacity to become pregnant. For example, if an employer is interviewing new candidates for a position, they may have a candidate who is a young woman who recently got married. The employer may be wary of hiring her because there is a potential for her to become pregnant in the next five to 10 years. But if that woman is perfectly qualified for the job and is simply passed over because the employer is concerned that she might choose to become pregnant, that is still a form of pregnancy discrimination. Even if the woman never intends to have children, she is still being discriminated against based on her gender. Issues like this can become very complicated, and employees who believe their rights have been violated must know what legal options they have.  ]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[How do you prove constructive discharge?]]> https://www.kellsimonlaw.com/?p=49067 2026-06-21T03:13:51Z 2026-06-21T03:13:51Z The legal standard Courts apply an objective standard to constructive discharge claims. In other words, would a reasonable employee have felt compelled to resign under similar circumstances? You may have a valid claim if your employer allowed or created conditions so intolerable that staying on the job was no longer reasonable. In most cases, a single incident is not enough to establish constructive discharge. Courts typically look for a sustained pattern of conduct rather than an isolated dispute or a one-time disagreement at work. That means the strength of your claim often depends on whether you can show how conditions escalated or persisted over time.

You need proof

Documentation plays a central role in establishing context after a constructive discharge. Emails, written complaints, performance reviews that shift after you exercised your legal rights and records of disciplinary actions can help your position. Witness statements from co-workers may also support your account, especially where they show you were treated differently from others in similar roles.

Your next move matters

If you’re thinking of quitting your job due to a hostile work environment or have already resigned, seek legal guidance as soon as possible. Texas deadlines for filing legal claims move faster than most people expect, and waiting too long can limit your options.]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[Can you be fired for ethnic hairstyles in Texas?]]> https://www.kellsimonlaw.com/?p=49065 2026-06-04T18:04:15Z 2026-06-04T18:04:15Z Many workers take pride in wearing hairstyles that reflect their cultural heritage, racial identity or personal expression. Unfortunately, some employees still face workplace scrutiny, discipline or even termination because of their appearance.  Can an employer in Texas fire someone for wearing an ethnic hairstyle?

The details of a particular situation govern the legality of hair-related termination

Employees may enjoy legal protections when workplace policies or disciplinary actions are tied to race or ethnic characteristics, although this is not always the case. Federal anti-discrimination laws generally prohibit employers from making employment decisions based on race, color or national origin. In some situations, policies targeting certain hairstyles may disproportionately affect employees from particular racial or ethnic groups. Ethnic hairstyles can include styles such as braids, twists, locs, Bantu knots, afros and other hair textures or grooming practices closely associated with racial or cultural identity. While some employers attempt to justify restrictions by citing professionalism or appearance standards, courts and enforcement agencies increasingly recognize that such policies may inspire discriminatory effects. Employers may enforce certain grooming and safety requirements when they are applied consistently and are based on legitimate business needs. For example, workplaces that require hair restraints for sanitation or safety reasons may generally impose those rules on all employees regardless of race or ethnicity. Problems arise when policies are selectively enforced or disproportionately target specific groups. Although Texas does not currently have a statewide version of the CROWN Act, which expressly prohibits discrimination based on hair texture and protective hairstyles in some states, employees may still have legal claims under federal employment discrimination laws. Why? Because no employee should be forced to choose between their livelihood and their cultural identity. ]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[What should you document after unfair workplace treatment?]]> https://www.kellsimonlaw.com/?p=49062 2026-05-29T13:44:10Z 2026-05-29T13:44:10Z Why keeping records matters It might be beneficial to create a timeline soon after each incident. A timeline could help you remember when the issue happened, where it occurred, who was involved and what each person said or did. Those details usually matter more than broad statements about unfair treatment. You may also want to keep records in case you later decide to raise the issue through your workplace’s internal channels or an outside dispute resolution process. Organized notes could make it easier to explain the specific details to an objective reviewer.

Types of records worth preserving

You might want to preserve materials that document your workplace experiences before, during and after the issue. These records could give context to what happened. Consider keeping copies of:
  • Emails about the treatment you experienced
  • Schedules showing sudden or unusual changes
  • Reviews showing a possible shift in feedback
  • Messages discussing work duties or workplace concerns
  • Notes from meetings where the issue came up
After each meeting, it might help to write down who attended, what topics came up and what each person said. Plain, factual notes usually work better than emotional summaries. If coworkers saw what happened, you might want to record their names and what they appeared to observe. It may also be beneficial to note when you raised the concern, who received the report and how the company responded.

Your records may help you decide your next steps

Workplace issues may feel difficult to process while they are happening. Keeping organized records could make it easier to decide whether the situation calls for a more formal response. If the issue continues or becomes more serious, having a clear, factual history will be a critical asset as you review your options and evaluate your company's internal policies.]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[Why is pay transparency important?]]> https://www.kellsimonlaw.com/?p=49059 2026-05-22T16:18:29Z 2026-05-22T16:18:29Z Workers deserve to have pay that’s fair, and part of that means having a pay structure within a company that doesn’t take protected factors like gender into account. Federal law doesn’t allow employers to prohibit workers from speaking about how much they earn.  Pay transparency is valuable for workers because it helps to reveal if compensation is fair. However, it also poses a challenge because some employers can’t explain why they pay what they pay. 

Transparency can reduce pay disputes

Pay transparency can help to reduce pay disputes, but only if employers are handling pay in the proper manner. Clear compensation practices can improve trust and keep hiring more efficiently because potential employees know the expected pay range before applying for a job, so there’s less wasted time on both sides.  Current employees may appreciate pay transparency about pay because this is usually associated with clearly defined factors that affect compensation. Some common factors include experience, performance, education, job duties and seniority. 

Limitations to pay transparency

Employees should recognize that pay transparency doesn’t mean that all employees will be paid exactly the same. Differences that are based on legitimate factors are allowable as long as they’re applied consistently.  Workers who find out that their pay isn’t fair based on what others who are in similar positions in the company make may decide to take legal action against the employer. Pay transparency might become a critical part of the case, particularly if there are illegal patterns that are obvious. These cases can be complex, so workers who opt to take action against their employer should ensure they have someone who can assist throughout the process. ]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[Tips for employees reporting workplace harassment]]> https://www.kellsimonlaw.com/?p=49056 2026-05-08T21:34:08Z 2026-05-08T21:34:08Z Employees have the right to have a safe work environment. One part of this means that they don’t have to deal with being harassed at work. Workplace harassment can make the job feel impossible to continue because of humiliation or safety concerns.  Workplace harassment can involve a host of actions, including jokes, comments, threats, exclusion and intimidation. In some cases, these actions are repetitive, but that’s not a requirement for being harassed. 

All harassment should be reported

Some employees are hesitant to report harassment because they’re concerned about how the report will be received and what effects will occur. They worry that they won’t be believed or that they will face retaliation. These concerns are real, but they shouldn’t be a reason to avoid reporting harassment.  Reporting harassment creates a record of the incident and should trigger the employer to investigate the matter. The report should be made in accordance with company policies, so employees may need to consult the handbook. Typically, the report will be made to human resources or a direct supervisor; however, that may change if the person who’s doing the harassing is the person the report would be made to.  The report should be factual and as comprehensive as possible. Explaining the situation with names, dates, times and witnesses can help with the investigation. Providing proof can also be beneficial, but that’s not always possible.  Workplace harassment claims are often complex, so victims may consider working with someone familiar with these matters. This can help the victim to protect their rights, learn their options and set a plan moving forward. Doing this as soon as possible may help them to stay on track and keep their stress under control.  ]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[When is a pay cut illegal?]]> https://www.kellsimonlaw.com/?p=49054 2026-04-24T02:36:40Z 2026-04-24T02:36:40Z few examples.

It applies to hours you have already worked

The pay cut can only apply to future hours. Your boss cannot reduce your pay for hours that you have already worked at a higher rate.

There is a discriminatory reason for the pay cut

If the reason for the pay cut is discriminatory, it is illegal. For instance, an employer could not decide to unilaterally reduce the pay for all female employees while keeping the pay for male employees the same, as this would be gender discrimination.

It violates a contract or wage and hour laws

If you have a contract, then it may stipulate how much you need to be paid or how reductions can be carried out. If the reduction violates that contract, it is illegal. The same is true if the reduction violates federal or state minimum wage laws. You need to be paid at least minimum wage, and your employer cannot legally reduce your hourly rate below that level.

What options do you have?

Have you faced a pay cut that you believe may be illegal? If so, it can help to work with an experienced attorney to explore your options.]]> 0 On Behalf of Law Offices of Kell A. Simon <![CDATA[How can you prove unpaid overtime hours?]]> https://www.kellsimonlaw.com/?p=49051 2026-04-07T14:51:51Z 2026-04-07T14:51:51Z Gathering proof that supports your overtime claim Under the Fair Labor Standards Act, employers must keep accurate records of hours worked and wages paid for employees who qualify for overtime. When an employer fails to keep accurate time records, courts may accept reasonable estimates of the hours worked. You do not need perfect records to support a claim. Nonetheless, gathering your own documentation can help show the hours you worked and the pay you received. You can begin by organizing details such as:
  • Personal time logs: Record your start and end times each day, including breaks, tasks completed after your scheduled shift, and any work performed before clocking in or after clocking out.
  • Pay records: Keep pay stubs, direct deposit records, or other written summaries that show what your employer paid.
  • Work communications: Save emails, text messages, schedules, or app messages showing when you were expected to work or respond.
  • Employer policies: Review written rules about timekeeping, meal breaks, remote work, after-hours tasks, and overtime procedures.
  • Witness statements: Co-workers who saw you work early, late, or through breaks may help support your account.
These records can help show the hours you worked and the pay you received. In Texas, the Texas Workforce Commission does not audit employer payroll practices on its own, so the process generally begins when you submit the required wage claim form. You generally must file a wage claim within 180 days from the date the wages were due. That deadline shows how early preparation and strong records can shape the outcome of your case.

Taking informed steps to protect your position

Unpaid overtime issues can become harder to address when records are missing or memories begin to fade. Early action can help preserve key details and place you in a stronger position to evaluate your options. If you have concerns about your rights, speaking with a legal professional can help you understand how wage laws apply to your situation. Legal guidance can also help you organize your records and decide what actions fit your circumstances.]]> 0