In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend […]
If I serve in the military what rights do I have to my civilian job? Read More »
If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Law for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On
Do I have to be paid for being on call to work in Texas? Read More »
Sometimes, yes. Any time the market dips, it inevitably leads to a string of suits against brokers for all sorts of reasonable and unreasonable theories. The attitude suggests people don’t care how their losses go away, as long as somebody else can foot the bill. Sometimes these suits are legitimate. Accountholders, seeing gains during the market boom
Can I sue my broker for losses in my account? Read More »
401k loans allow you to borrow against your 401k account tax-free (as long as you pay it all back). The loan payments typically occur by payroll deductions. If considering a 401k loan you should carefully consider he loan terms and the ramifications. Your employer does not have to offer 401k loans and can severely limit
Employment Attorney explains: When can I take a 401k loan? Read More »
By now you received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure these retirement plans provide plan participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees)
Retirement Plan Participant Disclosures Read More »
Most personal injuries, such as car accidents and premises injury claims involve an insurance company to settle an injury claim. In Fort Worth or Dallas, a claim may settle with the adjuster or the insurer may hire local Texas lawyers. The time and complexity involved in settling an injury claim or suit depends upon the injuries, the
How long will it take to settle an injury claim? Read More »
In Texas, it is illegal for an employer to create a hostile work environment, or workplace harassment, on the basis of sex/gender, race, religion, age (over 40), qualified disability, national origin, ethnicity, or status as a current or veteran military service member. Discrimination laws prohibit more than just sexual harassment. Harassment leads to a hostile
If I am harassed at work, what should I do? Dallas employment lawyer Read More »
Vehicle accidents are an unfortunate result of our automobile-driven transportation system in Texas. In Tarrant County alone, there are over 20,000 traffic accidents each year. With over 1.8 million people in the county, that is one accident per ninety people each year. (Although this is somewhat inaccurate because non-Tarrant County residents also get in accidents
Common places car accidents occur Read More »
No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your
Can my boss fire me or write me up for talking to other employees about my pay? Read More »
Divorce in Bedford, Dallas and Fort Worth is a judicial process to dissolve a marriage. It requires the help of the courts. Divorce in Texas can be a fairly simple process though. The family courts in Tarrant, Dallas, Collin and Denton counties can make the divorce as painless as possible. There are two ways a divorce can
What is the process for divorce in Texas? Read More »
It depends. Generally you cannot hold anybody else responsible for market losses on your investments. However, there are some situations where another party may be responsible for your investment losses. Some claims against brokers do not relate to market losses but to other negligent or fraudulent acts by a broker or adviser. When considering lawsuits
Can I sue my Texas broker for investment losses? Read More »
Generally, both plan formats defer compensation because the employee has elected to defer taking cash in hand to obtain some additional benefit, such as deferring taxes on the money or investing on a tax deferred basis. Under more specific legal definitions, there is a distinction between how these different plans work. Today’s post will discuss
What is the difference between a 401k plan and a deferred compensation plan? Read More »
It is extremely common for employers to establish the first thirty, sixty, or ninety days as a probationary period. Employers do this to set the expectation that they are “test driving” an employee. Although employers can terminate employees (at least non-union employees or those who do not work under an employment contract) any time, companies have
For what reasons can I be fired during my first 90 days in Texas? Read More »
Tara Costa was a contestant on season seven of the well-known NBC reality show Biggest Loser. Ms. Costa did not win her season but she was a fan favorite. She used her popularity to elevate her career from plus-sized model to motivational speaker and fitness spokesperson. After leaving the show, Ms. Costa signed an agreement with
Biggest Loser to Contract Breacher Read More »
By now you received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure retirement plans provide participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees) to companies that
ERISA Retirement Plan Participant Disclosures Read More »
LegalZoom is a modern version of the do-it-yourself legal forms available at office supply stores. This DIY approach to the law treats legal forms like mad libs: just fill in the form and that’s it. Typically the justification for LegalZoom for divorce in Texas is cost. While I understand the cost perspective, there are key concerns
Can I use LegalZoom for my Texas divorce? Read More »
In Texas the value of a personal injury is the result of a complex array of factors including the insurance company, the insurance policy, the type of injury, where the injury occurred, the severity of injury, lost wages and other personal financial costs, the expected future medical expenses and lost wages, the incentive to the
How do I calculate the value of a personal injury claim? Read More »
This is probably one of the most contentious and biggest question marks in employment law in this country. In 2012 there was a fight over religious organizations and health insurance plans over whether they must offer contraceptive coverage. (Remember, Georgetown law student Sarah Fluke testified before Congress and Rush Limbaugh called her a sl*t?) Hosanna-Tabor Evangelical
When employees leave employment, the common response is to want to sever ties and move on, especially if the employee left involuntarily or on bad terms. However, withdrawing or rolling over your 401k may not be the best decision in every case. There are important financial and legal considerations. Before making decisions about your 401k
Benefits of staying in your 401k after you leave an employer Read More »
This year’s Masterchef season is plagued with allegations of sexual harassment by a few female contestants, including one actress and former Playboy model. We don’t know much about the details of the allegations. All contestants are under contract with Fox not to discuss what happens behind the scenes. I suspect these allegations will turn into a
Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On? Read More »