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 …
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 …
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 …
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, …
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 …
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 »
Generally yes. In Fort Worth and Dallas your employer pays for your time and pays for the resources you use at the office (that they own). As a result, employment laws afford private employers wide latitude in what they can record, monitor, read, copy, etc. That said, employers often do have valid reasons. There are very …
Last night Gordon Ramsay’s Kitchen Nightmares ended its season with a visit to the Arizona restaurant Amy’s Baking Company. For the first time, he walked away from the restaurant without making any changes or improvements to the restaurant. (The owners seemed to also think this was for the best.) The restaurant suffered criticism online pointed at the …
Kitchen Nightmares Season Finale and Tipped Employees Read More »
Often people considering a divorce in Texas come to an initial consultation with a divorce attorney with many questions. It is a new process for many people and potential clients are about to experience many life changes. The questions are understandable and important. Usually people have some of the same questions about their divorce and …
There are a lot of factors to consider. Vacation-related injuries can be challenging to resolve but that does not mean you cannot recover. If you vacation in Texas and suffer injury, you may have the ability to recover for your injuries in a Texas court. You may need to consult with an attorney in the state …
Can I sue if I am injured on vacation? Texas personal injury Read More »
Defamation in the workplace is a serious issue that can have a lasting impact on an individual’s career and reputation. In Texas, employees who have been defamed by their employer have the right to take legal action against their employer. This article provides an overview of the steps involved in suing an employer for defamation …
There are many retirement asset-funded investment and business schemes that run from taking loans to “rollover as business startup” (ROBS) plans. They have been around for many years and typically they are generally a bad idea. I discourage most would-be investors due to the legal and financial liability involved. I have had people come to …
Can I use my 401k to buy a business, franchise, house, investment property, etc.? Read More »
401k fee disclosure was a project in the works for many years, going back to the mid-2000s. Eventually the Department of Labor promised Congress it would create regulations requiring plans to disclosure fees charged by service providers. The purposes are two-fold. First, disclosures help plan administrators figure costs so they can assess whether fees are …