to compensation for certain employees for hours worked over forty hours in a work week at one and a half times the employee’s regular rate of pay. Most people understand the general concept of overtime pay; but employees do not always understand some of the specific rules. Employers often take advantage of this by not […]
When overtime must be paid in Texas? Read More »
Pensions are a type of retirement benefit offered by employers or the government that provide a regular income to individuals after they retire. However, the calculation of pension benefits is not always straightforward. In this article, we will explore how pensions are calculated, including the various factors that can impact the final amount. Unlike an
How are pensions calculated? Understanding the process Read More »
Generally yes, the employer is not bound to follow its handbook. An employment handbook can be an employment contract that requires the employer to follow the procedures and rules. In almost every handbook there is a disclaimer that it does not create an employment contract. The employer is free to change the terms at its own discretion.
Can my employer violate the employment handbook under Texas employment law? Read More »
Lead by example. Employees treat the workplace and each other the way management treats the workplace and their employees. If you set low standards, your employees will set low standards. If you leave early every day, your employees won’t feel like they have to work a full day, either. However, if your employees see you
7 Tips for Employers to Prevent Employment Suits (updated 2022) Read More »
Spouses in Fort Worth and Dallas are entitled to part of your retirement accounts in Texas because the federal law surrounding retirement plans allows for spouses to earn an interest in your retirement accounts during the marriage. State law allows for family courts to divide these assets based upon a domestic relations order. (That usually becomes
Why does my spouse get part of my 401k or pension in a divorce? Read More »
Known as either a “living trust” or a “revocable living trust”, a trust is a legal creation to simply passing assets from one generation to the next without having to rely on a will and probate courts, which can be more expensive, more complex and financially disadvantageous. While there are many kinds of trusts that
What is a living trust and should I have one in Texas? Read More »
Are you aware of the Summary Plan Description (SPD)? If you are an employee or a plan participant in a retirement or health plan, you should be familiar with this document. An SPD provides important information about the benefits, rules, and procedures of a retirement or health plan. In this article, we will discuss what
What is an Summary Plan Description? Read More »
Ideally everything. Employment agreements, new hire paperwork, benefit plan descriptions, paystubs, corrective action notices, company newsletters, HR manuals, department manuals, emails relating to any of the above documents and anything else you might receive. Although a lot of these documents can be uncovered during litigation from your employer, it can be extremely important to have
What employment records should I keep? Read More »
Employers are permitted, and often encouraged, to establish a uniform dress code. There can be many reasons why an employer would want to establish a dress code. An employer might be concerned about workplace safety requiring safety gear, like goggles or gloves, clothing to prevent minor injuries, such as work boots or full length pants.
Dallas Employment Attorney on Employer Dress Codes Read More »
Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for
Is Texas an At-Will Employment State? Dallas employment lawyer discusses Read More »
Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in Texas by a married couple is either community property or separate property. Community property includes property owned jointly by both spouses. Separate property includes property owned by only one spouse. The law presumes all marital property is
Divorce attorney explains community property rules in Texas Read More »
I don’t want to get in the habit of commenting on other states’ employment law positions but this case carries special weight. It may inadvertently affect the whole country because the case is before the federal Second Circuit Court of Appeals. This case deals with tip pools among tipped employees and non-regularly tipped employees. It
New York state Court of Appeals says Starbucks supervisors can share in tip pool Read More »
FMLA is the Family and Medical Leave Act, a federal law that provides certain employees leave protections. FMLA provides twelve weeks of leave in a twelve month period. The twelve month period can be a fixed twelve month period, such as the calendar year, or a rolling twelve month period so the beginning of an
Texas employment attorney explains what is FMLA Read More »
Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This
Fort Worth Employment Attorney explains how employment discrimination occurs Read More »
An article published early this year discussed a survey by State Street Global Advisors (SSgA) proudly boasted that 74% of participants in 401k plans want to better understand how their savings will pay off in retirement. This should come as no surprise. Most workers have little or no formal or informal education in investing. Thanks
401k Participants Want Employer Help Saving for Retirement. No Kidding? Read More »
Injuries can lead to serious and long term physical, emotional and financial harm. If you have been injured in Texas then you should speak with a lawyer soon after the injury. Lawyers can assess the merits of your case and help obtain relief owed to you under Texas law. Recovering for an injury with the
Top Five Personal Injury Questions in Texas Read More »
Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage
Fair Labor Standards Act & Texas Payday Law and Tipped Employees Read More »
Under the Affordable Care Act (ACA) employers with fifty or more full time employees must provide health insurance to 95% of full time employees or pay a penalty. This “play or pay” provision has a lot of employers in a tizzy. Among the reasons is the ACA defines a full time employee at thirty hours per
New federal bills seeks to redefine what it means to be a full time employee Read More »
Nobody likes to think about returning from vacation with more than a sunburn but injuries happen. When those injuries happen they can lead to expensive medical bills. If you have an injury from a vacation you should talk to a lawyer right away about any potential claims you may have. The resort or travel company
Dangerous Vacation Destinations in Dallas and Fort Worth Read More »
“Slip and fall” is a slang term for personal injury claims known as premises liability, particularly those that involve stores where customers are injured when they slip, slide, or trip on merchandise, spilled food or beverages, leaks and other items on the floor. Although retailers have come a long way in improving in-store safety, there
What is a slip and fall injury in Texas? Read More »