Employment law is probably the area of law most misunderstood of those that affect people on a daily basis. There is a lot of information floating around that is inaccurate or inapplicable to Texas law. Each state has its own set of labor and employment laws. What is true in one state may not be […]
7 misconceptions about Texas employment law Read More »
Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employees not exempt
Fort Worth Employment Lawyer and Overtime Pay Read More »
An uncontested divorce or no contest divorce in Texas is a divorce in which both spouses have agreed to the divorce and all the terms of the divorce, including property division and child issues. The Texas Family Code does not treat a contested divorce differently from an uncontested divorce or no contest divorce. (These mean
Parents wanting 50/50 custody in a divorce is a growing desire in Tarrant County and across Texas. Often 50/50 custody is desired by the parents for good reasons. Sometimes 50/50 custody is desired for less noble reasons, such as avoid child support payments or to try to make things difficult on the other parent. In Tarrant County
50/50 Custody in a Texas Divorce Read More »
This month the U.S. Court of Appeals for the Second Circuit (which oversees appeals in New York, Vermont and Connecticut) in Glatt v. Fox Searchlight Pictures, Inc. rejected the nearly forty year old internship test applied by the Department of Labor in favor of a more business friendly test called the primary beneficiary test. This
Second Circuit undercuts Department of Labor unpaid internship test Read More »
So far Uber hasn’t had a great start in Texas (according to reviews). Uber has seen great success in other areas. It is widespread in the major cities in California despite an existing availability of taxi drivers. Major cities around the country are tackling the issues with Uber and other ride-sharing services in different ways.
Are Texas Uber drivers employees or contractors? Read More »
Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code (and formerly the Texas Commission on Human Rights Act or TCHRA) is not always a well understood subject in employment law. It is an even more difficult subject following the late 2000s expansion of the federal and state disability discrimination laws to
For many people divorce is about the emotional issues and sorting out the children. There is a very important financial aspect to a divorce. The property division of a divorce is about more than fighting over who gets the house and cars. These are important property issues but they may not be the most important issues.
7 Financial Issues in a Texas Divorce Read More »
A flurry of 401k litigation arose in the 2000s over the manner in which 401k plan sponsors select the investment choices and how those choices relate to the fees charged to the plan for various plan services and investments. 401k plan sponsors have fiduciary obligations to operate the plan prudently. 401k litigation asserts breaches of these
Unpaid child support is a significant problem in Texas. At the end of 2013 Texas had over $13 billion in child support arrears unpaid. That is a significant sum of money unpaid in support of Texas children. Many parents who should receive child support do not receive the child support obtained through a divorce or custody
When should I try to get child support enforcement in Texas? Read More »
In a Texas divorce or child custody case the court will apportion financial responsibility for the well-being of the children by ordering child support. The Texas Family Code deals extensively with ordering, paying and enforcing child support orders. A child support order involves several people and entities–not all lawyers–who need to understand and follow a
Income Withholding for Support Form – Child Support in Texas Read More »
Last week the United States District Court Northern District of Texas granted Target summary judgment in Sandoval v. Target Corporation in a slip and fall case arising from the Target store in Grapevine, Texas. This case demonstrates an important element of slip and fall cases that the property owner has actual or constructive knowledge of the
Grapevine, Texas Target Slip and Fall Case Dismissed for Lack of Knowledge of Condition Read More »
In 2012 the National Law Review published my article discussing the relationship between social media and workplace harassment. In that article, I discussed a case arising from the National Labor Relations Board in which two employees were fired for allegedly violating the employer’s social media policy prohibiting employees from disparaging the employer online. Here, the employer
“Like” Off: Facebook “Like” still at issue under NLRB social media policy Read More »
From application to termination an employee often faces documents that an employer wants the employee to sign. These documents may be job applications, employee policy statements, authorizations to perform background checks, acknowledgements of receipts of policy documents, benefits paperwork disciplinary documents, acknowledgements of terminations, severance agreements, waivers of rights or claims against the employer and so on.
Do I have to sign that? A Texas employee’s dilemma. Read More »
Most people think of assault as a criminal offense in which a person physically attacks another person. Although assault is a crime in Texas, it is also a personal injury. By historical definition, what we call assault today was two types of claims: assault and battery. Battery is the actual offensive contact. Assault is an
What is an assault in a civil trial in Texas? Read More »
On March 3, 1991 a Los Angeles man led California Highway Patrol and later Los Angeles police on a high speed chase that ended in the driver and his passengers trapped in a corner. The passengers surrendered and an altercation occurred between the Los Angeles police officers and the driver. The driver, Rodney King, was
Can I record video and audio at my workplace in Texas? Read More »
Under the Texas code of criminal procedure, an individual arrested for an alleged crime that did not result in a conviction or deferred adjudication generally can have the arrest record expunged from public records. This process is called expunction although many people refer to it as expungement. It is the same thing. The purpose of expunging
What is an expunction / What is an expungement in Texas? Read More »
In Texas you can request certain criminal records are destroyed or expunged in what is called an expunction (or sometimes misspelled as expungement). An expunction orders public agencies, such as police departments, courts and the Department of Public Safety, to destroy records. The expunction will also order private entities that house and report this information
Should I get an arrest record expunged in Texas? Read More »
Here in Texas our labor and employment laws generally cut in favor of employers over employees. Texas law surrounding an employer’s vacation policy is no exception. Employees are often surprised by employer restrictions on vacation use and issues involving whether unused vacation must be paid out when an employee leaves. Due to differences among state
Texas law on employer’s vacation policy Read More »
In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend
5 key retirement plan issues in a Texas divorce Read More »