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 »
During a divorce one of the biggest issues in dividing the marital property is dividing the financial assets. Most married people will designate their spouse as the beneficiary on the account or policy. The Employee Retirement Income Security Act (ERISA) governs most employee benefits. It requires married employees to designate their spouse as the primary
What happens to my beneficiary designations after a divorce in Texas? Read More »
Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain
Is getting paid by salary better than being paid hourly in Texas? Read More »
There are a lot of misconceptions about how divorce works and how divorce attorneys work. Most of these misconceptions are thanks to television shows and movies that depict divorces wrongly in almost every way imaginable. One of the biggest misconceptions people have about divorce and divorce attorneys is that there is some super secret edge
Is there a benefit to hiring a divorce attorney of the opposite sex? Read More »
As a Dallas employment lawyer, I often write about what Texas employees should do to protect their rights but employers also play a role in ferreting out workplace harassment and discrimination. You might own a business or work in human resources and confronted with a situation where an employee alleges harassment or discrimination in the workplace. Obviously,
Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer; but that does not mean you should sign it without carefully considering the terms. There are basically three types of severance agreements with employers in Texas. I call them the “let’s just be friends” severance; the “business
My employer is offering severance in Texas. Should I sign the severance agreement? Read More »
There is no actual “statute of limitations” passed by the Texas legislature that gives the limitations period for all suits. The phrase refers to the limited period of time to bring a suit to court, whether it is a divorce, personal injury, employment, or even criminal suit. Different types of suits have different limitations periods
As an employee, contributing to a 401k plan can be an essential aspect of your retirement planning. However, if your employer contributes to your 401k plan, you may wonder whether they can stop contributing to it. In this article, we will discuss what a 401k plan is, how employer contributions work, and whether your employer
Can my employer stop contributing to my 401k? Read More »
When I wrote the original text of this post in the early 2010s this was a novel question with social media still a relatively small part of our society. Myspace had all but disappeared, Facebook dominated social media while Twitter, Pintrest and Instagram were just starting to emerge. LinkedIn was around but nobody really knew
Should I delete social media posts or accounts in a divorce? Read More »
If you received paperwork on a divorce you need to follow the right steps to protect your interests in Texas. Most likely you received these papers in one of two ways. You may receive citation from a constable, other process server, or certified mail. Citation is notice of a divorce proceeding and the divorce decree.
I received citation/service/divorce papers– what do I do? Read More »
The attorney-client privilege protects communications between lawyers and clients when those communications are part of the lawyer providing legal services. The privilege allows the client to speak honestly with the attorney so the attorney can provide the best legal services. Without the privilege, clients may be unwilling to share critical information with their attorneys. Although the importance is obvious
What is the importance of the attorney-client privilege? Read More »
Russell Cawyer, an attorney in Fort Worth, maintains an excellent employment law blog focusing on employer issues. Each winter he reposts a link to his list of key topics for employers to avoid creating bad situations at holiday parties. In light of his highly informative wish list for employers I wanted to write a complementary
Naughty or Nice: Don’t Lose Your Job at the Holiday Party Read More »
A guardian ad litem (often abbreviated as GAL) under Texas law represents the interests of an involved individual but is not that person’s attorney. A guardian ad litem represents the best interests of a person who is unable to advocate for their own interests, such as a child. The person the guardian ad litem represents
What is a guardian ad litem under the Texas Family Code? Read More »
Public schools and their employees in Texas enjoy protection under Texas law from most injuries to the children they supervise. This means that even though schools are responsible for caring for your children during the school day they are generally immune if something happens to your children causing them injury. It is the general rule
Can you sue if your child is injured at a Texas public school? Read More »
Every few years, articles surface calling for the deregulation of the practice of law. Citing arguments from making it easier to get into the practice of law to making it more affordable, lawyers walk away looking pretty bad operating in a regulated environment. While these arguments frequently raise some valid points, there are a lot
Should the law be a regulated practice? Read More »
Many people would not believe the frequency of injuries caused by beauty procedures and treatments at beauty salons and spas. Salons frequently use acids and other harsh chemicals on the scalp, face and other parts of the skin. Salons and spas are increasingly offering more aggressive treatments such as botox, dermabrasion, laser hair removal and other
Can you sue if you are injured at beauty salon or spa in Texas? Read More »
Employees must understand the importance of making informed investment decisions when it comes to your 401(k). One common question that arises is whether investing in company stock within your 401(k) plan is a wise choice. In this comprehensive article, we delve into the factors you should consider when deciding whether or not to invest in
Should I invest in company stock in my 401k? Read More »