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Benton Toups

Attorney, Cranfill Sumner & Hartzog LLP
BIO

Benton L. Toups is a partner at Cranfill Sumner & Hartzog LLP and serves as vice-chair of the Employment Law Practice Group. His practice concentrates on representing businesses in all aspects of labor and employment law. A fi  

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Legal Issues
Jun 15, 2015

Look Back, Employers, For Those Variable Hour Employees

This month I have teamed up with my colleague Kara Gansmann to help provide some insight on some hot topics for employers with regards to the Affordable Care Act (ACA). In our last post she shared a b ...

Legal Issues
Jun 1, 2015

An Employer’s Basic Primer To The Affordable Care Act

Through my conversations with employers, it is evident that many have questions about the Affordable Care Act (ACA). In response to these questions, I thought it might be helpful this month to team up ...

Legal Issues
May 15, 2015

N-L-R-Be Careful With Employee Handbooks

The National Labor Relations Act (NLRA) was enacted in 1935 to protect employee rights, encourage collective bargaining and curtail and discourage unsavory employment practices. Many mistakenly believ ...

Legal Issues
May 1, 2015

10 Reasons Employers Get Into Legal Trouble With Employees

In no particular order, I’ve compiled a list of the top 10 reasons I see employers get into trouble with their employees. Surely this list isn’t comprehensive, but over the last 15 years o ...

Legal Issues
Apr 15, 2015

Workers’ Compensation Law – The Very Basics

Our workers’ compensation laws represent a great compromise between management and labor. In comparison to other types of personal injury claims, it is relatively easy for injured employees to r ...

Legal Issues
Apr 1, 2015

Severance Agreements And The Quest For The Amicable Breakup

I am frequently asked to draft or review severance agreements, both on behalf of employers and departing executives. I have found that misconceptions abound when it comes to severance payments and sev ...

Legal Issues
Mar 15, 2015

Employment-At-Will: What Does It Mean For Your Business?

I regularly field calls from small business owners who describe a problem employee to me and then ask, “Do I have good grounds to terminate the employee?” Many such callers are surprised w ...

Legal Issues
Mar 1, 2015

Employee Or Independent Contractor – A Critical Distinction

Dependable Dan works for Courteous Construction Company (CCC) and has for years, off and on, depending on workload. He shows up for work every day at 7 a.m. and works until 5 p.m., just like his boss ...

Legal Issues
Feb 15, 2015

What You Need To Know As You Grow: More Employees = More Regulation

When I am approached by a new business client with an employment issue, one of the first questions I ask is, “How many employees do you have?” I ask this because many of the various employ ...

Legal Issues
Feb 1, 2015

Non-Competition Agreements – Are They Enforceable?

Clients come to me with many misconceptions when it comes to non-competition agreements, or as they are also called, covenants not to compete. Some think they are ironclad. Others think they are not e ...

Legal Issues
Jan 15, 2015

Myth-Busting And The FLSA

Between the internet and Law and Order-type television shows, there is no shortage of myths and misconceptions when it comes to the law. However, as an employment attorney, there is one that I hear ov ...

Legal Issues
Jan 1, 2015

Breaking Up Is Hard To Do, But Employees Deserve The Truth

Dull Donna has been employed for two years with Smiley Sam’s Salon. She gets to work on time; she doesn’t steal, and she doesn’t lie.  She’s even OK at cutting hair. Despi ...

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