TEXAS SUPPLEMENT 2023 ComplianceHR

TEXAS SUPPLEMENT

2023

ComplianceHR

Note: This Employee Handbook is not intended to apply to any particular employer or

to provide legal advice or opinion. Such advice may only be given when related

to specific handbooks and specific fact situations. In no circumstances should

any employee handbook be adopted and issued to employees before the final

draft has been approved by experienced labor counsel. These employee

handbook templates generally include policies prompted by federal and state

laws in the employee policy context, as well as leave of absence and

scheduling policies intended to comply with local laws in major municipalities

(i.e., those with 100,000 residents or more). The handbook templates do not

include the following: social media policies; drug-testing policies; policies

related to municipal laws other than those specified above; or policies specific

to government contractors or certain industries. Generally, the templates do not

address industry-specific requirements, except where indicated.

TABLE OF CONTENTS

GENERAL INFORMATION ............................................................................................ 1

About This Texas Supplement ............................................................................. 1

COMMITMENT TO DIVERSITY ..................................................................................... 1

Equal Employment Opportunity ........................................................................... 1

PAY PRACTICES........................................................................................................... 2

Lactation Accommodation ................................................................................... 2

Schedules and Hours [Euless, Texas] ................................................................. 2

TIME OFF AND LEAVES OF ABSENCE ....................................................................... 3

Military Leave ...................................................................................................... 3

Time Off to Vote .................................................................................................. 3

Political Leave ..................................................................................................... 3

Jury Duty Leave ................................................................................................... 4

Time Off to Appear in Court or Attend Proceedings ............................................ 4

Participation in Emergency Evacuations ............................................................. 4

SAFETY AND SECURITY .............................................................................................. 5

Weapons in the Workplace .................................................................................. 5

Smoke-Free Workplace ....................................................................................... 6

Cell Phone Use / Texting While Driving ............................................................... 6

WITHOUT WRITTEN PERMISSION.

GENERAL INFORMATION

About This Texas Supplement

Dahl Consulting (“The Company”) is committed to workplace policies and practices

that comply with federal, state and local laws. For this reason, Texas employees will

receive the Company’s national handbook (“National Handbook”) and the Texas

Supplement to the National Handbook (“Texas Supplement”) (together, the “Employee

Handbook”).

The Texas Supplement applies only to Texas employees. It is intended as a resource

containing specific provisions derived under Texas law that apply to the employee’s

employment. It should be read together with the National Handbook and, to the extent

that the policies in the Texas Supplement are different from, or more generous than

those in the National Handbook, the policies in the Texas Supplement will apply.

The Texas Supplement is not intended to create a contract of continued employment or

alter the at-will employment relationship. Only the President/Owner of the Company

or that person’s authorized representative has the authority to enter into an

agreement that alters the at-will employment relationship and any such

agreement must be in writing signed by the President/Owner of the Company or

an authorized representative.

If employees have any questions about these policies, they should contact their DAHL

representative.

COMMITMENT TO DIVERSITY

Equal Employment Opportunity

As set forth in the National Handbook, the Company is committed to equal employment

opportunity and to compliance with federal antidiscrimination laws. We also comply with

Texas law, which prohibits discrimination and harassment against any employees or

applicants for employment based on race, color, religion, national origin, sex, disability,

age (40 and over), genetic information or the refusal to submit to a genetic test. The

Company will not tolerate discrimination or harassment based upon these

characteristics or any other characteristic protected by applicable federal, state or local

law.

The Company also complies with the Texas law prohibiting sexual harassment of

unpaid interns.

WITHOUT WRITTEN PERMISSION.

PAY PRACTICES

Lactation Accommodation

The Company has created a mother-friendly employee worksite lactation support

program. The program provides a work environment that is supportive of lactating

mothers. Lactation times will be established for any employee who wishes to express

breast milk or breastfeed, based on the employee’s work schedule. If possible, the

lactation time will run concurrently with any break time already provided. Lactation time

beyond the regular break time is unpaid and will be negotiated between the employee

and the Company.

The Company will provide a private space, other than a bathroom, for lactating mothers

to express milk. Where feasible, that space will be dedicated for the specific use of

expressing milk by lactating mothers. Where dedicated space is not feasible, the

Company will provide a mixed-use space where lactating mothers will have priority over

all other users of the space. Access to a safe water source and a sink within a

reasonable distance from the lactation space will be provided. Employees may store

their expressed milk in their own personal coolers with an ice pack or in the shared

break room refrigerator space, if available.

Schedules and Hours [Euless, Texas]

Dahl Consulting complies with the City of Euless’s Fair Overtime and Scheduling

Standards Ordinance (“FOSSO”). In accordance with that law, the Company adopts the

policies and practices described below. These policies and practices apply to all non-

exempt employees (including full-time, part-time, seasonal and temporary employees)

who work for the Company within the geographic boundaries of the City of Euless.

Advance Notice of Work Schedule

At or before the time of hire, the Company will provide new covered employees with a

written work schedule that runs through the last date of the currently posted schedule.

During employment, the Company will also post a written work schedule (including the

employees’ shifts at the worksite, the specific start and end times for each employee’s

regular shifts at the worksite, and whether or not they are scheduled to work that week)

at least 10 days before the first day of any new schedule. The work schedule will be

provided at time of hire.

Schedule Changes

In the event of a Company-initiated change to the posted work schedule, the Company

will notify the affected employee of the need for the change. Except in the case of an

Emergency, employees can decline, without penalty, any hours or shifts in addition to

those reflected in the posted work schedule. For purposes of this policy, an

“Emergency” is: a fire, flood or natural disaster; severe weather that threatens an

employee or public safety; threats to the Company or Company property; a State of

WITHOUT WRITTEN PERMISSION.

emergency declared by the Governor of Texas; or a significant disruption or the risk of

significant disruption to passenger air travel.

Employees can voluntarily consent to work additional hours or shifts by obtaining written

consent my their manager for each day on which the employee agrees to work

additional hours or shifts. In the event of an Emergency, the Company may require an

employee to work additional hours or shifts without obtaining voluntary consent. Any

additional hours or shifts required in an Emergency without the employee’s voluntary

consent will be paid at a rate of three times the employee’s regular hourly rate of pay.

If the Company reduces an employee’s hours from what is included in the posted work

schedule, the Company will pay the employee for one-half of the total hours reduced at

their regular hourly rate of pay, unless the reduction of hours is due to an Emergency.

Retaliation Prohibited

The Company will not retaliate or tolerate retaliation against employees for exercising or

attempting to exercise their rights protected under the FOSSO.

TIME OFF AND LEAVES OF ABSENCE

Military Leave

Employees that are called by the governor to active state duty as members of the Texas

National Guard or state militia are entitled to the rights, privileges, benefits and

protections with respect to employment that are set forth in the federal Uniformed

Services Employment and Reemployment Rights Act (USERRA). Accordingly, if eligible

employees are called to active duty, they are entitled to a leave of absence in

accordance with the Military Leave Policy set forth in the National Handbook.

Time Off to Vote

The Company encourages all employees to fulfill their civic responsibilities and to vote

in all public elections. Most employees’ schedules provide sufficient time to vote either

before or after working hours.

If employees have less than two consecutive hours before or after work to vote, they will

be allowed to reasonable time off to vote without loss of pay.

The Company asks that employees provide reasonable advance notice of the need for

time off to vote so that the time off can be scheduled to minimize disruption to normal

work schedules. Proof of having voted may be required.

Political Leave

The Company will not terminate or otherwise discriminate against employees if they

take a leave from work in order to attend a precinct convention or attend a county,

WITHOUT WRITTEN PERMISSION.

district or state convention as a delegate. Such leave is unpaid except that exempt

employees will receive pay when required by applicable federal or state law.

Jury Duty Leave

The Company encourages all regular full-time and part-time employees to fulfill their

civic responsibilities and to respond to jury service summons or subpoenas, attend court

for prospective jury service or serve as a juror or grand juror. Under no circumstances

will employees be terminated, threatened, intimidated coerced, or penalized because

they request or take leave in accordance with this policy.

Employees must provide their supervisor with notice of any jury summons, grand jury

summons or subpoena within a reasonable amount of time after receipt and before their

appearance is required. Verification from the court clerk of having served may also be

required.

Time spent engaged in attending court for prospective jury or grand jury service or for

serving as a juror or grand juror is not compensable except that exempt employees will

not incur any reduction in pay for a partial week’s absence due to jury duty or grand jury

duty. Employees who are absent from work while participating in the jury selection

process or while serving as a juror or grand juror will not be asked or required to use

any annual, vacation or sick leave during the absence.

Time Off to Appear in Court or Attend Proceedings

Employees may take time off from work for the following reasons:

To attend juvenile court proceedings when required to do so as the parent or guardian

of the juvenile; or

To comply with a valid subpoena to appear at a civil, criminal, legislative or

administrative proceeding.

Such leave is unpaid except that exempt employees will receive pay when required by

applicable federal or state law.

If employees give the Company notice of their intention to return to work after being

released from a subpoena or attending a juvenile proceeding, they will usually be

returned to the same position. Reemployment may be denied, however, if the

Company’s circumstances have changed making reemployment impossible or

unreasonable.

Participation in Emergency Evacuations

Employees will not be subject to termination, demotion, suspension or any other

adverse employment action for leaving work in order to participate in a general public

evacuation ordered under an emergency evacuation order.

WITHOUT WRITTEN PERMISSION.

An emergency evacuation order is an official statement issued by the governing body of

the state or of a political subdivision of the state recommending the evacuation of all or

part of the population of an area stricken or threatened with a disaster.

SAFETY AND SECURITY

Weapons in the Workplace

In the interest of maintaining a workplace that is safe and free of violence, and in

accordance with the policy set forth in the National Handbook, the Company generally

prohibits the presence or use of firearms and other dangerous weapons on the

Company’s property, regardless of whether or not the person is licensed to carry the

weapon. The Company posts signs in accordance with sections 30.05, 30.06 and 30.07

of the Penal Code, informing all individuals on Company property that carrying any

firearm (openly or concealed, with or without a permit) is prohibited on Company

premise.

For purposes of this policy, company property is defined as all company-owned or

leased buildings and surrounding areas under the Company’s ownership or control,

except as noted below. In addition, this policy applies to all company-owned or leased

vehicles. Dangerous weapons include, but are not limited to, firearms of any type

(including those for which the holder has a legal permit), knives, ammunition, bombs,

bows and arrows, clubs, slingshots, blackjacks, metal knuckles and similar devices that

by their design or intended use are capable of inflicting serious bodily injury or lethal

force.

Notwithstanding any of the foregoing restrictions, the Company does not prohibit those

who lawfully possess firearms or ammunition from storing their firearms or ammunition

inside their locked, privately owned vehicles in parking lots or other parking areas

provided by the Company. Such lawfully possessed firearms and ammunition may not

be removed from the employees’ personal vehicle or displayed to others while on

Company property.

To the extent that parking lots or other parking areas utilized by employees are not

owned by the Company, the owners of such parking lots may have additional rules that

impact the storage of firearms and ammunition. In such situations, employees must

comply with the rules of both the Company and the property owner, in keeping with

applicable law.

Employees who violate this policy are subject to disciplinary action up to and including

termination of employment. A visitor who violates this policy may be removed from the

property and reported to authorities. This policy does not apply to law enforcement

personnel or Company security personnel who are engaging in official duties.

The Company reserves the right at any time and at its discretion to search all company-

owned or leased vehicles and packages, containers, briefcases, purses, lockers, desks,

enclosures and persons entering its property for the purpose of determining whether

WITHOUT WRITTEN PERMISSION.

any weapon has been brought onto its property or premises in violation of this policy. If

employees fail or refuse to promptly permit a search under this policy they will be

subject to disciplinary action up to and including termination.

Employees who have questions regarding this policy should contact their DAHL

representative.

Smoke-Free Workplace

The Company prohibits smoking in the workplace and most other enclosed areas.

Employees wishing to smoke must do so outside company facilities during scheduled

work breaks.

Employees that observe other individuals smoking in violation of this policy have a right

to object and should report the violation to their DAHL representative. Employees will

not be disciplined or retaliated against for reporting smoking that violates this policy.

Employees who violate this policy may be subject to disciplinary action up to and

including termination of employment.

Cell Phone Use / Texting While Driving

As is set forth in the National Handbook, the Company prohibits employees from using

cellular phones for business reasons while driving or for any reason while driving or for

any reason while driving for work-related purposes or driving a company-owned vehicle.

Employees should also be aware that using a cell phone to write, send, or read a text

message while driving is a violation of Texas law, in addition to being a violation of

Company policy.