What is HIPAA and how does it affect my employment? (Updated 2022)

Employee rights lawyer

HIPAA is the Health Insurance Portability and Accountability Act of 1996. HIPAA’s most important aspect for consumers and employees is its privacy protection. HIPAA protects your medical records and other personal data from unauthorized disclosure by covered entities. Although employers may not count as covered entities the rules applying to covered entities affects them. The […]

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What is the difference between no-fault divorce and fault divorce in Texas? Fort Worth divorce lawyers

Divorce Law, Uncontested Divorce Attorneys

In Texas, you can ask for a divorce for specific reasons of some marital problem (fault divorce) or generalized reasons that the marriage isn’t working (no-fault divorce). This division in divorce in Texas is historical but continues to provide some legal benefit in certain circumstances. Depending on the facts of your case and what you

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I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do?

Car Accident Laws, Serious Bodily Injury Lawyers

When you own liability insurance, whether it is home insurance or auto insurance, your policy undoubtedly possesses a clause that allows you to turn the claim over to the insurer when the claim is covered under the policy. The insurance company then has a duty to defend you from lawsuits for those claims. Typically insurers

I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do? Read More »

I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

Employment Litigation Attorneys

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you

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Transgender employment discrimination in Texas

1 Comment / Employee rights lawyer, Sex Discrimination Law

Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based

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EEOC misses on criminal background check discrimination lawsuit

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law

Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a

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What is subrogation in a Texas personal injury claim?

Car Accident Laws, Serious Bodily Injury Lawyers, Slip and Fall Injury Law

Subrogation in a personal injury claim is the right of an entity who paid on your claim to seek repayment by another person or entity either by contract or by law. In the majority of Texas personal injury cases one or more subrogation claims arise. Addressing subrogation claims is a critical part of the work

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What happens in a personal injury lawsuit?

Car Accident Laws, Civil Rights Attorneys, Serious Bodily Injury Lawyers, Slip and Fall Injury Law

A personal injury lawsuit in Texas is definitely not a fast process in most cases and depends upon the particular facts and even which county the injury occurred in. The speed a case can go to trial in Tarrant County can be different from Dallas County. However, the process is typically similar. Your first step

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Tenth Circuit opines a writing is not automatically proof of discrimination–Texas employment lawyer explains

Sex Discrimination Law

In Anderson v. Cato Corp. the plaintiff Cynthia Anderson alleged Cato Corporation discharged her by discriminating against her for pregnancy. Anderson was a part time employee of Cato who became pregnant. As the pregnancy progressed she came to a point where her doctor ordered her to extended bed rest. As a part-time employee, she was not entitled

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Should I rely on my financial advisor or Texas attorney for estate planning?

Consumer Law Attorneys

Generally no. While working in the financial services industry I had the opportunity to learn a lot about investing and risk assessment. One really important lesson learned: financial services is all sales. Selling stocks, selling annuities, selling retirement plans, selling trusts, etc. The business model is straightforward: get clients in the door, bring in their assets and

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Filed a demand letter for diminished value claim, now what?

1 Comment / Car Accident Laws

In yesterday’s post I explained how to open negotiations with the insurance company about your diminished value claim. If you did not succeed negotiating your diminished vlue claim (sometimes called a DV claim) then you sent a demand letter. This letter should begin more serious negotiations with the insurance company. The insurance company will work

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What is cat’s paw liability in employment discrimination litigation?

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

Cat’s paw liability is the theory that when upper management elects disciplinary action, including terminations, based upon information provided by a lower level of management where the lower level manager took provided the information based on discriminatory animus, the discriminatory animus is inferred on upper management. Managers cannot use human resource procedures to discriminate in

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