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 »
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 »
KSOP is jargon used within the financial and employee benefit industries as shorthand to explain the arrangement where a 401k plan houses an ESOP of the employer’s stock as an investment option. An ESOP is an Employee Stock Ownership Plan that allows employees to purchase company stock through a retirement plan. It is an ERISA
A question was asked whether an employer could schedule an employee for a set of hours and if there was no work to do, have the employee clock out but be required to stay in a particular area of the work premises until he or she was needed to clock back in, with the threat
Can I be forced to clock out but keep working in Texas? Read More »
We live in a social media-driven world. It has its tentacles wrapped around almost every part of our life. Our news media relies on it for content. We interact with family members, friends and coworkers over it. It invades our pants, purses and backpacks through our phones and computers. With immediate access through our smartphones
Be careful about what you say on social media Read More »
Discrimination still occurs in the workplace. Sometimes it’s people who find it difficult to treat other people with respect. Sometimes it’s people not realizing the effect of their actions on others. This is true not only of more recently acknowledged and prohibited forms of discrimination, such as disability discrimination, but also of traditionally visible forms
Does employment discrimination still occur in the workplace? Read More »
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 »