Texas Law Blog - Page 10 - Texas Law Guide

Is it better to get an uncontested divorce or fight for what you deserve?

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 […]

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Why insurance companies don’t care about your diminished value claim: Texas lawyer explains

1 Comment / Car Accident Laws

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

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Is the standard possession order required in my Texas divorce with children?

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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

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What happens when the divorce decree doesn’t include the 401k and other retirement assets?

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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

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Should I ask for FMLA intermittent leave?

Employee rights lawyer

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 »

Is mediation right for my divorce? Fort Worth divorce lawyer explains

Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Mediation is a common practice in Texas divorces because it offers the opportunity for the spouses to make decisions between themselves about how to divide parenting issues and property rather than have a judge or jury make those decisions for them. Mediation is a process in which a neutral third party (the mediator) works to

Is mediation right for my divorce? Fort Worth divorce lawyer explains Read More »

Diminished value on a salvage title

Car Accident Laws

A salvage vehicle means a vehicle declared a total loss due to a wreck or theft. In Texas it is possible to buy and drive a vehicle with a salvage or rebuilt title. It requires inspection by the Department of Motor Vehicles and a certificate issued on the basis of the inspection. Many people are leery

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When can employers deduct credit card fees from tips in Texas?

Employee rights lawyer, Wage & Hour Lawyers

Today’s society is moving increasingly towards becoming a paperless society. That includes the way we pay for goods and services. It is rare that people pay in cash, especially with the reward systems attached to credit cards. The convenience of throwing down plastic comes with a price, at least to the business owners. Credit card

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Denton County prevails in racial discrimination appeal

Employment Litigation Attorneys, Racial Discrimination Law

Back in 2012, several local Dallas, Fort Worth and Denton media outlets reported a racial discrimination suit involving a prosecutor at the Denton County District Attorney‘s office and her allegations that an assistant DA, much higher up the food chain, had made racially discriminatory remarks that constituted a hostile work environment. The trial court awarded

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Earning the Q in your QDRO

Divorce Law, Employment Benefits Law, Property Division Attorneys, Retirement Plan/401k/Pension

In a Texas divorce, one of the major assets to address in a property division include retirement accounts, such as a 401k or defined benefit pension plan. Retirement assets within a private employer’s retirement plan are typically governed by ERISA. ERISA, the Employee Retirement Income Security Act of 1974, establishes particular processes for dividing assets

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Federal appellate court analyzes meaning of disability under the Americans with Disabilities Act Amendments Act

Disability Discrimination Law

This month the federal Fourth Circuit Court of Appeals issued its decision in Summers v. Altarum Institute. It’s the first appellate court to address the definition of “disability” under the Americans with Disabilities Act Amendments Act (ADAAA). The ADAAA has been a tremendous source of agony for employer-side lawyers (and employers). It expanded the meaning of

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Social media and employment discrimination claims

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Hiring & Promotion, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It’s out there. There are so many social media outlets to choose from it’s difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status

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Even the strong arm can’t muscle past qualified immunity in Dallas, Texas

Car Accident Laws, Civil Rights Attorneys

You have seen at least one of Brian Loncar’s advertisements as the “Strong Arm” personal injury lawyer. His ads have run for at least a decade for his high volume personal injury firm in Dallas. Loncar got into a car wreck in Dallas (or Highland Park) with a Dallas Fire Department Fire Engine. Loncar claimed the

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Overtime pay with personal leave in Texas

1 Comment / Employee rights lawyer, Employment Litigation Attorneys, Retaliation Law, Wage & Hour Lawyers

Overtime rules under the Fair Labor Standards Act and Texas Payday Law result in improper wage calculations in employment law. Some employers engage in illegal acts to avoid paying overtime. Many fail to fully understand when they must pay overtime and how the calculation of overtime pay must occur. (For a primer on overtime pay,

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IRS Rules for Mandatory Gratuity

Employee rights lawyer, Employment Litigation Attorneys

Beginning January 1, 2014, the IRS began enforcing rules on restaurant mandatory gratuities that will have an impact on both the income of tipped employees and how restaurants can get themselves in hot water with the Department of Labor and/or IRS by misapplying these mandatory gratuities. Restaurants typically charge these mandatory service charges for large

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Colorado Principal Fired for Opposing Bizarre School Practice

1 Comment / Employee rights lawyer, Wrongful Termination Law

Noelle Roni, the former principal at charter school Peak to Peak Elementary in Colorado, was allegedly terminated in November for opposing what can only be described as a bizarre school practice. According to news reports, the school fired Roni after she demanded cafeteria workers stop stamping the hands of students who received lunches but did

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Child support payments not paid through the Attorney General

Child Custody Law, Divorce Law, Protective orders and Temporary Orders Attorneys, Uncontested Divorce Attorneys

A common mistake child support obligors make is paying child support payments directly to the obligee-parent rather than to the Texas Attorney General’s State Disbursement Unit (SDU). This mistake can be costly for the obligor even if the obligor believes he or she can pay less by making child support payments directly to the other

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5 Things You Need to Know about Divorce in Your 20s

Divorce Law, Uncontested Divorce Attorneys

Marriages that begin before the age of 23 are most likely to end up in divorce. Of marriages beginning when the spouses were under twenty, 48% will end in divorce. For those beginning in the ages 20-23, 31% will end in divorce. Statistics also indicate that the average length of a person’s first divorce is

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5 diminished value mistakes that will make the claims adjuster laugh at you

Car Accident Laws

Although diminished value claims are on the rise in Texas, insurance companies still feel like they are winning the war. Insurance claims adjusters know that for the majority of people the adjuster can take advantage of the claimant’s inexperience in dealing with insurance claims and personal injury litigation. Insurance claims adjusters have heard everything imaginable and

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FMLA leave medical recertification: rules and regulations

1 Comment / Employee rights lawyer, Employment Litigation Attorneys

You request FMLA leave. Your employer requests medical certification. You provide it. Your employer approves your FMLA leave. You take leave. Then, while you are on FMLA leave, your employer is sending you requests for new medical certification? Can your employer do that? The answer is yes, under certain circumstances, your employer can request new

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