Key Harrington Barnes, PC

Dallas Business & Commercial Law Blog

Are Noncompete Agreements Enforceable?

Many businesses force employees to sign noncompete agreements, only to learn later that the agreement does not hold up in court. The reality is that judges look very closely at these agreements when they are at the center of a dispute between an employer and former employee, and they may disapprove of agreements that unfairly hinder a former employee's right to earn a living. For this reason, employers must be diligent in the drafting and signing of these agreements to ensure they are enforceable.

Can An Employer Fire A Worker For Their Politics?

Following the events in Charlottesville in which white nationalists clashed with counter-protesters, many people on social media have called upon employers to fire those photographed carrying torches and supporting white nationalist ideals.

This begs the question: Are such firings legal? Is it okay for an employer to terminate an employee based on political opinions expressed outside of the workplace?

Is Discrimination Based On Sexual Orientation Illegal?

Most employers know that workplace discrimination is illegal. They create policies and procedures, implement trainings and take other steps to ensure that their workplace is free from discrimination in any form. Employers do this not only to avoid wrongful termination claims and other employment litigation, but to ensure a happy, productive workforce.

However, discrimination laws may not be as clear as some believe them to be, particularly when it comes to LGBT employees.

Can Unionization Be Avoided?

Business owners often have strong feelings about unions. Sooner or later, many of them will have to confront the possibility of their workforce unionizing. When faced with a union organizing drive, some simply accept it and hope that they will be able to continue running a successful business. Others feel that having a unionized workforce could hurt them.

Businesses that want to avoid unionization have a challenge in front of them. However, unionization may be prevented or at least forestalled if the proper steps are taken.

Creating A New Business Checklist

For all the excitement that comes with opening a new business, the process can also be extremely stressful. There is much to do, so much that it can be difficult to keep track of and prioritize all the steps you will need to take to ensure your business gets started right.

To make matters more complex, the steps that need to be taken may vary depending on the industry and your goals for the business. Launching a new restaurant is quite a bit different than getting a new manufacturing facility off the ground. For that reason, there is no one-size-fits-all to-do list for starting a business.

Are Your Employees Happy?

The greatest business plan in the world is worthless without positive employees who are willing to put in the work necessary to move the business forward.

All too often, businesses built on sound ideas crumble because of a failure to create a positive relationship with employees. Instead, they fall prey to unmotivated employees, workplace unrest or lawsuits from employees who claim they were mistreated. 

Should Businesses Open The Door For DOL Investigators?

When an auditor from the Department of Labor (DOL) shows up to investigate an alleged violation of the Fair Labor Standards Act (FLSA), business owners often do not know what to do. Remember this: You are not required to let a DOL investigator in.

Is An LLC The Best Business Entity?

The limited liability company (LLC) is one of the most popular business entities among emerging businesses. It blends characteristics of a partnership and corporation, without all of the formalities that come with forming a corporation. It makes a lot of sense for many new businesses. However, just because the LLC is popular does not always mean it is the best choice for a business startup.