Employment Law

Fifth Circuit rules lactation discrimination is illegal sex discrimination

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 …

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Can my employer monitor my emails? Phone calls? Texts? Computer activity? Website history?

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 …

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Kitchen Nightmares Season Finale and Tipped Employees

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 …

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Can I sue my employer for defamation?

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 …

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Can I use my 401k to buy a business, franchise, house, investment property, etc.?

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 …

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401k Fee Disclosure: What Does It All Mean?

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 …

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