A flurry of 401k litigation arose in the 2000s over the manner in which 401k plan sponsors select the investment choices and how those choices relate to the fees charged to the plan for various plan services and investments. 401k plan sponsors have fiduciary obligations to operate the plan prudently. 401k litigation asserts breaches of these […]
Unpaid child support is a significant problem in Texas. At the end of 2013 Texas had over $13 billion in child support arrears unpaid. That is a significant sum of money unpaid in support of Texas children. Many parents who should receive child support do not receive the child support obtained through a divorce or custody
When should I try to get child support enforcement in Texas? Read More »
In a Texas divorce or child custody case the court will apportion financial responsibility for the well-being of the children by ordering child support. The Texas Family Code deals extensively with ordering, paying and enforcing child support orders. A child support order involves several people and entities–not all lawyers–who need to understand and follow a
Income Withholding for Support Form – Child Support in Texas Read More »
Last week the United States District Court Northern District of Texas granted Target summary judgment in Sandoval v. Target Corporation in a slip and fall case arising from the Target store in Grapevine, Texas. This case demonstrates an important element of slip and fall cases that the property owner has actual or constructive knowledge of the
Grapevine, Texas Target Slip and Fall Case Dismissed for Lack of Knowledge of Condition Read More »
In 2012 the National Law Review published my article discussing the relationship between social media and workplace harassment. In that article, I discussed a case arising from the National Labor Relations Board in which two employees were fired for allegedly violating the employer’s social media policy prohibiting employees from disparaging the employer online. Here, the employer
“Like” Off: Facebook “Like” still at issue under NLRB social media policy Read More »
From application to termination an employee often faces documents that an employer wants the employee to sign. These documents may be job applications, employee policy statements, authorizations to perform background checks, acknowledgements of receipts of policy documents, benefits paperwork disciplinary documents, acknowledgements of terminations, severance agreements, waivers of rights or claims against the employer and so on.
Do I have to sign that? A Texas employee’s dilemma. Read More »
Most people think of assault as a criminal offense in which a person physically attacks another person. Although assault is a crime in Texas, it is also a personal injury. By historical definition, what we call assault today was two types of claims: assault and battery. Battery is the actual offensive contact. Assault is an
What is an assault in a civil trial in Texas? Read More »
On March 3, 1991 a Los Angeles man led California Highway Patrol and later Los Angeles police on a high speed chase that ended in the driver and his passengers trapped in a corner. The passengers surrendered and an altercation occurred between the Los Angeles police officers and the driver. The driver, Rodney King, was
Can I record video and audio at my workplace in Texas? Read More »
Under the Texas code of criminal procedure, an individual arrested for an alleged crime that did not result in a conviction or deferred adjudication generally can have the arrest record expunged from public records. This process is called expunction although many people refer to it as expungement. It is the same thing. The purpose of expunging
What is an expunction / What is an expungement in Texas? Read More »
In Texas you can request certain criminal records are destroyed or expunged in what is called an expunction (or sometimes misspelled as expungement). An expunction orders public agencies, such as police departments, courts and the Department of Public Safety, to destroy records. The expunction will also order private entities that house and report this information
Should I get an arrest record expunged in Texas? Read More »
Here in Texas our labor and employment laws generally cut in favor of employers over employees. Texas law surrounding an employer’s vacation policy is no exception. Employees are often surprised by employer restrictions on vacation use and issues involving whether unused vacation must be paid out when an employee leaves. Due to differences among state
Texas law on employer’s vacation policy Read More »
In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend
5 key retirement plan issues in a Texas divorce Read More »
As a Dallas employment lawyer and divorce lawyer in Texas it is important to stay on top of developing legal issues in our area. Here is some north Texas legal news from the past couple weeks: Texas Attorney General bleats “legal chaos” if same-sex marriage is not deemed void. Last month an Austin state judge declared
March 2015 Dallas and Fort Worth Legal News Roundup in Texas (updated 2021) Read More »
Right now the job market is an employer’s market with an excess of applicants wanting jobs and promotions. This excess of job applicants allows employers to be exceptionally selective about hiring decisions. Even small defects in an applicant’s profile can make a difference in receiving a job offer. Relatively insignificant criminal records like public intoxication can
Is a background check ruining your employment opportunities in Texas? Read More »
This week the media reported on a story regarding a transgender woman and a confrontation at a Planet Fitness location. (You can read the HuffPo story or the Fox News story.) Member Yvette Cormier complained at her local Planet Fitness that a transgender individual was in the women’s locker room. The company has a non-discrimination
Transgender Employees and Restrooms in Texas Read More »
Neither federal or Texas labor laws requires employers to give employees rest or meal breaks for most employees; but there are certain exceptions under the law. There are a number of misconceptions floating around. Insisting your employer owes you a break without legal entitlement could put your job at risk. Common incorrect beliefs include the
Does my employer have to give me breaks and lunches under Texas labor laws? Read More »
Divorce attorneys like myself help clients with divorces and post-divorce actions like enforcement, contempt and modification primarily in Texas. In such a large metropolitan area my clients range in family size, financial assets, post-divorce needs, property ownership and other issues related to their divorce. These divorces can range for very reasonable for clients, particularly with
10 Issues That Will Make Your Texas Divorce More Expensive Read More »
The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC “resolved” 87,442 of those charges. That does not mean a favorable result occurred for the charging
When I draft QDROs in a Texas divorce, one of the parties hires me to draft the QDRO after the judge signs the divorce decree. This is usually not the most efficient or productive method to deal with the QDRO. It is far better to start thinking about the QDRO early in the divorce. Many of
When to start thinking about a QDRO in your Texas divorce Read More »
Under the U.S. and Texas constitutions, all people receive due process. Among due process is the opportunity for awareness of claims brought against you in a court of law. To satisfy due process, the federal and Texas rules of civil procedure require a party sued to receive service of process. Lawyers generally take care of this process
What happens when somebody evades service in a Texas divorce? Read More »