Employment Law

Dallas woman wins appeal on retaliation claim for complaining about sexual harassment

Retaliation Law, Sex Discrimination Law

This Dallas employment retaliation case is best summed up in three letters: WTF? Not only are the facts of the case full of WTF; but the decision of our federal District of Northern Texas keeps up with the conduct of the alleged harassers. The lawsuit Royal v. CCC&R Tres Arboles, L.L.C. is a local Dallas decision on a significant legal […]

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FMLA and twelve month period for eligibility

1 Comment / Employee rights lawyer, Employment Litigation Attorneys

FMLA (Family and Medical Leave Act) medical leave is a huge source of employment litigation in Texas and around the nation. One of the major issues in FMLA leave and FMLA litigation is how the employer calculates eligibility for medical leave. FMLA protects medical leave for qualified medical conditions up to twelve weeks within a

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I think I am being discriminated against at work what should I do?

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

If you believe you are being subjected to an illegal form of employment discrimination then you need to act quickly to preserve your claims. If you find that your workplace situation appears to fall into one or more of the types of prohibited discrimination then you should take the following steps: Dallas employment lawyer on employment discrimination

I think I am being discriminated against at work what should I do? Read More »

Sandifer v. U.S. Steel Corp. — FLSA Section 203(o)

Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

This month the Supreme Court of the United States will hear oral arguments on Sandifer v. U.S. Steel Corp., coming out of the Seventh Circuit, dealing with the “changing clothes” language under Section 3(o) of the Fair Labor Standards Act. Sandifer deals with a group of steelworking employees who are required to put on protective

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Age Discrimination and Early Retirement Incentives

Age Discrimination Law, Employee rights lawyer, Employment Benefits Law, Employment Litigation Attorneys, Retirement Plan/401k/Pension

Employers who want to thin the herd of highly paid, older employees often offer early retirement incentive packages that trade off an increased pension benefit or severance package in exchange for an employee agreeing to voluntarily retire early. Early retirement is typically offered to a large number of employees before the company decides to engage

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The Danger of Ignoring Employment Arbitration Agreements in Texas

Employee rights lawyer, Employment Litigation Attorneys, Wrongful Termination Law

In the 1990s and early 2000s, a huge swath of employers added mandatory arbitration agreements to their employment applications and shoved arbitration agreement forms in front of their current employees. It was part of a larger push for arbitrating disputes with the idea that arbitration is cheaper than litigation. Over the past decade or so

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7 Ways You Are Mishandling Retirement Plans in Your Texas divorce

1 Comment / Divorce Law, Employment Benefits Law, Property Division Attorneys, Retirement Plan/401k/Pension

, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today’s post will detail some of the most common ways people in Texas divorces mishandle

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Pension overpayments / pension recovery: Dallas pension lawyers

Employee rights lawyer, Employment Benefits Law, Employment Litigation Attorneys, Retirement Plan/401k/Pension

You worked for decades at an employer, retired and began receiving your defined benefit pension from your employer. You have planned your finances around your pension payments, social security and other sources of retirement savings. Then a letter shows up from the pension administrator. No, it isn’t your monthly check. It isn’t a spare check,

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Is “workforce modernization” code for age discrimination at work?

Age Discrimination Law

At the heart of a lot of age discrimination cases under the federal ADEA and state-level Texas Labor Code is an employer trying to modernize the business and employs age stereotypes to justify eliminating older workers. Employers in these cases want a “youthful appearance” or “faster” or “more energetic” or “more tech savvy” workforce. They

Is “workforce modernization” code for age discrimination at work? Read More »

Fluctuating Work Week FLSA calculations

1 Comment / Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don’t understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v.

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When can I sue for employment discrimination?

Age Discrimination Law, Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits

When can I sue for employment discrimination? Read More »

Employment discrimination and job reinstatement

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees

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Blackberry layoffs show why KSOPs are bad for employees

Employment Benefits Law, Retirement Plan/401k/Pension

In my 2010 article about KSOPs, I discussed how KSOPs risk employees over-leveraging their employment into excessive financial risk. KSOPs blend 401k and ESOP plans in which the employer uses an ESOP with the employer’s stock as an investment as an investment option within the 401k to let employees use their retirement savings to invest in

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A Facebook “Like” is protected First Amendment Speech

Employee rights lawyer, Employment Litigation Attorneys, Retaliation Law, Wrongful Termination Law

This week, the Fourth Circuit Court of Appeals published its decision in Bland v. Roberts, a First Amendment case regarding a Facebook “like”. I wrote about this case last year in my National Law Review article on social media and harassment. I contended that a “like”, “retweet” or “+1” is evidence of employee support of employment-based

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DOL releases official guidance on ERISA and same sex marriage

Employment Benefits Law, Retirement Plan/401k/Pension

In a highly important move, the Department of Labor released guidance on how ERISA-governed employee benefit plans will treat same-sex marriages following the Supreme Court’s overruling of DOMA’s definition of marriage as limited to one man and one woman. ERISA-governed benefit plans include private employer benefit plans like 401k plans, defined benefit pensions and health

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Flexible Spending Accounts: Use It or Lose It

Employment Benefits Law

Flexible Spending Accounts, or FSAs, allow employees to make tax-advantaged contributions towards their health care costs for the year. The FSA is distinct from the employer’s ERISA-governed health insurance plan; but the two operate closely. The employer’s insurer may even administer the FSA. The employee, and possibly the employer as well, contributes each year which

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