“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 »
The Fair Labor Standards Act of 1938 is a federal law that establishes minimum wage and work hour regulations for most of our nation’s workers. It is best known for establishing minimum wage and overtime pay regulations. The Fair Labor Standards Act (FLSA) is one of several federal labor and employment laws that govern wages,
What is the Fair Labor Standards Act? Read More »
Emancipation is the dream of many teenagers; the freedom from the controls of parents is alluring. The Texas Family Code permits emancipation in limited circumstances. It is important to understand, if you are a minor seeking emancipation, the risks of that decision. I’ll discuss the permitted reasons for emancipation, the process involved and the risks
How can I get emancipated in Texas? (updated 2022) Read More »
Under Texas law and federal law, an independent contractor is a person that performs services for another entity under some agreement, in exchange for compensation, free from the “control” of the entity paying for the services. An independent contractor is typically thought of in contrast to an employee or as self-employed. This is mostly an accurate
What is an independent contractor in Texas? Read More »
Here’s how you can use forms to finish your own divorce without a Texas divorce attorney. Schedule a consultation with a divorce attorney Uncontested divorce lawyers offer low cost options for divorce in Dallas, Houston, Austin, Fort Worth, El Paso, San Antonio and other parts of Texas. Most people do not want to spend large
Texas Forms-Based Divorce: An Infographic How-To Read More »
The laws around social media, especially in the employment context, are still evolving to meet the technological and social implications of social media in the workplace. Before delving into particulars, let me say that I think everybody needs to carefully consider what they post on social media websites because the information you put out there
Texas divorce lawyers wept openly when the Texas Supreme Court approved a standardized form for uncontested divorces in Texas. Why would they weep? Well the forms are a substitute process to complete divorce through Texas family courts that clears out a lot of the complex legal petitions and forms in favor of something that a
Texas Supreme Court Approved Uncontested Divorce Forms (updated 2022) Read More »
Sexual harassment in the workplace is basically three forms of activity: Requests for sexual favors in exchange for receiving positive effects to your job or preventing negative effects to your job; Unwelcome sexual advances; and Verbal and/or physical bullying based upon one’s sex or gender. Sexual harassment perpetrator can be a direct supervisor/manager, some other person
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An ESOP is an Employee Stock Ownership Plan. It is an ERISA-governed employee benefit plan that allows the employee to purchase shares of the employer’s stock on a tax deferred-basis. (You don’t pay taxes today but you will pay taxes when you take your money out of the plan.) ESOPs were common before the rise
How does an ESOP work? How does it work with a 401k plan? Read More »
You may have many reasons to dispute your benefit plan, such as 401k or pension. You may disagree with the facts used to calculate your benefits, the formula used to calculate your benefits, an investment option or distribution opportunity denied. ERISA lays out a specific set of rules that plans must follow. You must comply
What can I do to dispute my benefit plan? Read More »
Sure. Employers in Fort Worth and Dallas generally can prohibit amorous and sexual relationships between coworkers. It is extremely common for employers to prohibit workplace relationships in some form or another. Most companies establish these policies to deter sexual harassment, maintain professionalism and prevent unfair treatment (either favorable or unfavorable). These policies are also enforced to various
Ok, let me start this off by saying I’m not normally a Cosmopolitan reader. My wife is a subscriber and there’s usually at least one issue hanging around the house. The other day I saw the most recent issue tossed on the coffee table. Among the articles advertised on the cover was the title of
A common concern posed by pension participants is how secure those payments will be in the future. Given the economic turmoil in the past few years, it is certainly a worthwhile question. The good news is that the vast majority of retirement benefits are more secure than you might think. As a Dallas employment attorney experienced
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Employers operate 401k plans at a cost. Like other labor expenses (hiring process, salary, vacation pay, etc.) employers have to pay for compliance with labor and employment laws. Benefit plans are somewhat unique. Under ERISA employers can shift the cost of plan administration from the plan sponsor to plan beneficiaries. 401k plan fees often are
401k Plan Fees – What Are They and Do They Matter? Read More »
This is among the concerns I hear as a Texas employment attorney from people about employment law issues. It is a legitimate concern. There is a lot of public discussion over the negative impact taking legal action against an employer can have on your job, if you still work for the company you are challenging,
Will suing my employer hurt my job in Texas? Read More »
You may have insurance claims through many events in your life. You may have been in a car accident in Texas where you filed against an insurance policy. Your home may have been damaged by weather and you have to file against your homeowner policy. As a renter, you may need to file a claim when
Do I need a lawyer to negotiate an insurance claim? Read More »
If you have truly minor damage to your vehicle, such as paint scratches or minor dents, then as long as the insurance company pays for all of the damage and restores your vehicle to its pre-accident condition then you may not need an attorney. If the damage to the vehicle was slight you likely did
Just got into a car accident, do I need a lawyer in Fort Worth or Dallas? Read More »
ERISA, the Employee Retirement Income Security Act of 1974, is a federal regulatory regime that governs private employer retirement, health care benefits and certain other employee benefit plans. It is a massive web of legislation, Department of Labor regulations and IRS regulations. ERISA also borrows from and incorporates securities regulations on investments (such as in 401k plans). ERISA
What is ERISA and why should employees care? Read More »
This highly important question tends to receive significantly less attention in today’s economy than it should. Many people see a lump sum as a way to either pay down debts or seed stock gains. This attitude is further fueled by financial advisors who need to bring in assets, like your pension lump sum and 401k,
Should You Take the Lump Sum or the Annuity Payments from Your Pension? Read More »
Last week the Fifth Circuit Court of Appeals ruled in EEOC v. Houston Funding II, Ltd. that discriminating against employees on the basis of the need to express breast milk following the birth of a child violated Title VII’s prohibition on sex-based discrimination. The district court ruled firing based on lactation and breast pumping was
Fifth Circuit rules lactation discrimination is illegal sex discrimination Read More »