Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees […]
Employment discrimination and job reinstatement Read More »
Among the top concerns in any Texas divorce is the issue of financial cost. It’s not just the cost of hiring lawyers but the costs of all the mechanics of a Texas divorce, including filing fees with the Family Court, appraisals, retrieving financial records, expert testimony and so forth. Admittedly, the cost of attorneys represents the
Ways to resolve Fort Worth contested divorces Read More »
In what has been a strange and alarming string of events, the Dallas ISD private busing story has reached a conclusion today. Dallas ISD prohibits the use of 12-15 passenger vans to transport school children to and from school due to the questionable legality of their use and the risk of death and serious bodily injury
DISD bans large passenger vans due to crash and rollover risk Read More »
In my 2010 article about KSOPs, I discussed how KSOPs risk employees over-leveraging their employment into excessive financial risk. KSOPs blend 401k and ESOP plans in which the employer uses an ESOP with the employer’s stock as an investment as an investment option within the 401k to let employees use their retirement savings to invest in
Blackberry layoffs show why KSOPs are bad for employees Read More »
A common statement I hear at my law firm about Texas diminished value claims is the insurance company insists they will not pay diminished value claims. In fact, this is probably the #1 statement I hear from people looking for help settling their diminished value claim. Insurance companies are experts in defending against car wreck claims.
Most insurance companies use a diminished value calculation known as “17c”. This diminished value calculation was developed by Infinity Insurance and first implemented in a court by State Farm in a Georgia lawsuit in which State Farm submitted this calculation method as a way to calculate diminished value. The court in that case (Mabry v.
This week, the Fourth Circuit Court of Appeals published its decision in Bland v. Roberts, a First Amendment case regarding a Facebook “like”. I wrote about this case last year in my National Law Review article on social media and harassment. I contended that a “like”, “retweet” or “+1” is evidence of employee support of employment-based
A Facebook “Like” is protected First Amendment Speech Read More »
In a highly important move, the Department of Labor released guidance on how ERISA-governed employee benefit plans will treat same-sex marriages following the Supreme Court’s overruling of DOMA’s definition of marriage as limited to one man and one woman. ERISA-governed benefit plans include private employer benefit plans like 401k plans, defined benefit pensions and health
DOL releases official guidance on ERISA and same sex marriage Read More »
Earlier this week I wrote about Flexible Spending Accounts (FSA) and the “use it or lose it” rule. Today’s post discusses Health Savings Accounts (HSAs), which are a very different kind of account. FSAs and HSAs both give employees tax-advantaged opportunities to finance health care costs in a consumer-driven health insurance plan; but HSAs are far
Health Savings Accounts: when you can have one Read More »
Flexible Spending Accounts, or FSAs, allow employees to make tax-advantaged contributions towards their health care costs for the year. The FSA is distinct from the employer’s ERISA-governed health insurance plan; but the two operate closely. The employer’s insurer may even administer the FSA. The employee, and possibly the employer as well, contributes each year which
Flexible Spending Accounts: Use It or Lose It Read More »
A common question for Texas employees is, “what rights do I have to maternity leave”? Under Texas law, employees have limited rights to maternity leave. Texas state law does not increase maternity leave rights beyond the rights protected under federal law. The rights to maternity leave come from the Pregnancy Discrimination Act and the Family Medical
Maternity leave rights under federal and Texas employment law Read More »
When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. Everything could become a disability. That hasn’t proven entirely true; but the ADAAA certainly expanded the scope of disabilities covered under the Americans with Disabilities Act. One issue is whether obesity qualifies as a disability under the ADA or ADAAA.
Is Morbid Obesity an ADA Disability? Read More »
The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. A prenup in Texas is an agreement between two people prior to entering into marriage that contractually determines property issues during
Should I get a prenuptial agreement in Texas? Read More »
Summer is normally a quiet time in the law because Texas and federal legislators take the summer off; but this summer has been particularly significant for employment law. One of the most important changes came through the Supreme Court’s holding in United States v. Windsor, Executor of the Estate of Spyer, et al. in which
FMLA and same sex marriage Read More »
Major news outlets today are covering today’s strikes by fast food workers demanding higher pay. Although those workers demand an increase in the minimum wage, there are other food service workers subject to minimum wage laws that often do not receive minimum wage, even at today’s legal minimum wage rate: tipped employees. Tipped employees receive pay in
Tipped employees not making minimum wage in Dallas or Fort Worth Read More »
If you have been anywhere near a TV, radio, computer, or even two cans tied to a string, you have heard about or seen Miley Cyrus’s performance at the VMA. Let’s dispense with the details about her performance. Miley Cyrus does not know how to twerk. If Miley Cyrus is your entire world of information
Twerking while working? Probably a bad idea in Texas. Read More »
Criminal background checks for employment raise several legal issues. For people filling out job applications, the only issue that matters is whether they will get the job. Employers are increasing reliance on criminal background checks and other background checks, such as education verification and credit reports. Criminal background checks, when you have a criminal history,
A common concern from divorce clients and people looking for information about divorce comes in the form of, “my husband is threatening to…” or “my wife is threatening to…” with something about taking away the kids or all the property. 99.9% of the time those threats have zero basis in the law and are never going
Duress, spousal threats and divorce in Texas Read More »
The number one mistake that almost all employees make is not keeping their employment records. If you find yourself contemplating suing your employer over wages or discrimination, having records of your employment can be useful. Even though some records may be available from your employer, some information may never reach your employment file. For example,
What employment records should I keep in Texas? Read More »
The rules around volunteer work under federal and Texas law are not very complicated but commonly misunderstood. Under the Fair Labor Standards Act you cannot volunteer for a for-profit employer performing work for the employer. (Aside from a few professions, such as lawyers and doctors, and exempt employees performing exempt work.) No matter how badly
When can you be a volunteer in Texas? Read More »