An article published today by Ignites discusses the annoying habits of coworkers according to a poll of mutual fund employees. Although we’re not all mutual fund employees, the habits pointed out in the survey are the annoying habits you find across all industries. The worst of the worst was loud phone conversations. A lot of […]
Coworkers and Their Annoying Habits in the Workplace Read More »
I am a skeptic of Employee Stock Ownership Plans because they create unique financial risks to employees. The ESOP industry, unsurprisingly, takes issue with my position; but it’s hard to take their position seriously in light of cases like today’s appellate decision from the Seventh Circuit. Certainly I would agree that some ESOP plans are well-managed and
New case illustrates risk of ESOP mismanagement Read More »
While traveling in San Francisco on business I took an opportunity to snap a picture of the St. Francis Hotel, now the Westin St. Francis Hotel, at Union Square. This hotel has a famous reputation among law students, much like this house in Cleburne, Texas. Most law students learn the law using the same set of
Larson v. St. Francis Hotel — a famous case about a falling chair Read More »
If the calls and emails coming into my office are any indication then there is a growing problem with unpaid wages, minimum wage violations, minimum wage tip violations and unpaid overtime pay here in Texas. I am getting a lot of contacts from people with unpaid wages. The Fair Labor Standards Act and the Texas
Dallas and Fort Worth, Texas unpaid wage claims and attorney fees Read More »
In a car accident you often have two kinds of injuries: (1) bodily injury and (2) property damage. Property damage is often straightforward: your car suffered damage and needs repairs. The other driver’s insurance company typically will take care of repairs to the physical damage (but not always); although they may be aggressive in denying diminished value
Thinking about settling a car accident claim? Read More »
“Divorce Corp.” is a documentary released in late 2013, narrated by radio and television personality Dr. Drew, that focuses on addressing the issue of the cost and time involved in divorce. From its initial publicity campaign it positioned itself as a hatchet piece on the judicial process. I finally got around to obtaining a copy.
“Divorce Corp” Review by a Divorce Attorney Read More »
Retirement accounts like pensions, 401ks, ESOPs and other employer-sponsored retirement plans are often divided in a divorce. The property award goes into the divorce decree or incorporates into the decree through a settlement agreement. That is not the end of the process to divide those retirement accounts in a Texas divorce. A separate order orders the
Retirement account divided in a Texas divorce without a QDRO Read More »
Let’s consider two workplace scenarios: Employee is an alcoholic and comes to work drunk. Employer fires employee. Legal? Employee is an alcoholic and seeks time off from work to enter a rehab program. Employer fires employee. Legal? The answers under the Americans with Disabilities Act and the Texas Labor Code (which includes similar anti-disability discrimination
Alcoholism and the Americans with Disabilities Act Read More »
If you filed a charge of discrimination with the Texas Workforce Commission related to employment discrimination then at some point you are likely to receive a Dismissal Notice and Notice of Right to File a Civil Action. Often the reason selected in the notice will be: “The TWCCRD issues the following determination: Based upon its
Dismissal Notice and Notice of Right to File a Civil Action Read More »
I’ve written in the past about employee background checks and the laws that pertain to them here in Texas, particularly with regard to criminal background checks. Employment background checks in Fort Worth and Dallas are a big issue because right now it’s an employer’s labor market and even the slightest issue in a background check can
A peek into employment background checks from the employer’s perspective Read More »
As a plaintiff’s lawyer I hear a lot of the support “tort reform” nonsense that goes around. Tort reform sounds nice. It sounds like an honest effort to eliminate abuse of the legal system. Who can’t get on board with that? I’d like to rid abuse of the legal system. The problem is tort reform
Tort Reform Garbage: “Judicial Hellholes” Read More »
As somebody who spent a decade working in employee benefits and now practices employee benefits law, I have an understanding of the employee benefits industry. When I saw WFAA in Dallas covering a report about retirement savings I couldn’t pass up the opportunity to fact-check. Predictably, the piece mixes a little truth with a lot of
Dissecting fact and fiction from a recent report on retirement savings Read More »
Many large employers, particularly retailers, include anti-union information or videos as part of their new hire training process in an effort to prevent unions from gaining a foothold with workers. These videos have been around for a while in all their cheesy, disinformational glory. The National Labor Relations Act (NLRA) permits employers to share their
Behind the scenes with Target’s anti-union video Read More »
Sarbanes-Oxley, passed in 2002 in the wake of the Enron disaster, includes a protection in Section 806 that employees of a publicly traded company from retaliation for whistleblowing on accounting fraud and other prohibited acts under Sarbanes-Oxley (SOX). In the past, most courts held that the employees of contractors to public companies did not enjoy
Sarbanes-Oxley retaliation claims apply to employees of contractors Read More »
50/50 custody refers to custody arrangements outside of the standard possession order that split time evenly between the parents. This arrangement might work as alternating weeks or an alternating group of days. Although these arrangements are not the norm, they can be approved by a family court and sometimes work very well. If you believe
5 Problems with 50/50 Custody in Texas Divorces Read More »
Uncontested divorce participants comment after the fact that they liked the idea of an uncontested divorce; but along the way there were some tense discussions that made them feel like because they chose an uncontested divorce they were stuck giving in to whatever demands their spouse wanted to prevent the divorce from becoming contested. Often
Is it better to get an uncontested divorce or fight for what you deserve? Read More »
I receive many calls and emails each week regarding diminished value claims. Almost every time, the story is the same. Although the other driver caused the wreck, the insurance company refuses any discussion of a diminished value claim. The person might pursue a few hundred dollars all the way up to tens of thousands of dollars. Regardless
In a Texas divorce with kids with joint custody or sole custody the family court must order a possession schedule for how the parents share time with the children. The judge can sign a divorce decree or child custody order with virtually any schedule as long as the schedule is in the best interests of
Is the standard possession order required in my Texas divorce with children? Read More »
I receive this common question from people in the midst of a divorce, particularly those attempting a pro se divorce. (Divorce without the help of an attorney.) The story is sometimes different but the question is always the same. Sometimes the spouses agree not to mess with dividing retirement accounts in the divorce to keep things
The Family and Medical Leave Act is a federal law that protects the rights of employees to up to twelve weeks of medical leave within a twelve month period for treatment of a serious medical condition. FMLA protects not only the right to a single continuous leave period; FMLA also protects the right to take
Should I ask for FMLA intermittent leave? Read More »