Dallas Employment Attorney

What is ERISA and why should employees care?

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

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Should You Take the Lump Sum or the Annuity Payments from Your Pension?

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,

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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 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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