When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. Everything could become a disability. That hasn’t proven entirely true; but the ADAAA certainly expanded the scope of disabilities covered under the Americans with Disabilities Act. One issue is whether obesity qualifies as a disability under the ADA or ADAAA. […]
Is Morbid Obesity an ADA Disability? Read More »
Major news outlets today are covering today’s strikes by fast food workers demanding higher pay. Although those workers demand an increase in the minimum wage, there are other food service workers subject to minimum wage laws that often do not receive minimum wage, even at today’s legal minimum wage rate: tipped employees. Tipped employees receive pay in
Tipped employees not making minimum wage in Dallas or Fort Worth Read More »
The rules around volunteer work under federal and Texas law are not very complicated but commonly misunderstood. Under the Fair Labor Standards Act you cannot volunteer for a for-profit employer performing work for the employer. (Aside from a few professions, such as lawyers and doctors, and exempt employees performing exempt work.) No matter how badly
When can you be a volunteer in Texas? Read More »
Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain
Is getting paid by salary better than being paid hourly in Texas? Read More »
Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer; but that does not mean you should sign it without carefully considering the terms. There are basically three types of severance agreements with employers in Texas. I call them the “let’s just be friends” severance; the “business
My employer is offering severance in Texas. Should I sign the severance agreement? Read More »
There is no actual “statute of limitations” passed by the Texas legislature that gives the limitations period for all suits. The phrase refers to the limited period of time to bring a suit to court, whether it is a divorce, personal injury, employment, or even criminal suit. Different types of suits have different limitations periods
Employees must understand the importance of making informed investment decisions when it comes to your 401(k). One common question that arises is whether investing in company stock within your 401(k) plan is a wise choice. In this comprehensive article, we delve into the factors you should consider when deciding whether or not to invest in
Should I invest in company stock in my 401k? Read More »
As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you
I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.? Read More »
Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based
Transgender employment discrimination in Texas Read More »
Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a
EEOC misses on criminal background check discrimination lawsuit Read More »
Overtime pay has long been a contentious issue in various industries, and the legal profession is no exception. As lawyers dedicate their time and expertise to serving their clients, questions arise about whether they are eligible for overtime compensation. In this article, we will delve into the intricacies of overtime pay for lawyers, exploring the
Even lawyers want their FLSA overtime pay Read More »
can be filed under either federal or state law in Texas. There are some reasons why one may want to choose to pursue a claim under federal or Texas state law. One important consideration for the employee is which process is best for recovering unpaid wages. If you believe you have an unpaid wage claim
Important Deadlines for Unpaid Wage Claims in Texas Read More »
The Equal Employment Opportunity Commission (EEOC), responsible for regulating against employment discrimination, reported several key cases in July 2013. EEOC’s reports discrimination in multiple forms, including: racial discrimination; sex discrimination; disability discrimination; religious discrimination; and age discrimination. Pro-employer groups continue to assert decreasing employment discrimination; but the ongoing anti-discrimination work of the EEOC and Texas
Employment discrimination still a widespread problem in Texas Read More »
The Equal Employment Opportunity Commission (EEOC) released its new Strategic Enforcement Plan (SEP) this spring that includes six key anti-discrimination priorities that the agency will be focusing on through 2016. These new anti-discrimination enforcement priorities reflect the intent to increase litigation as both a deterrent effect on employers to increase their anti-discrimination policies to prevent
EEOC New Anti-Discrimination Enforcement Priorities Read More »
401k fees have come into focus as one of many ways the financial services industry leeches money from the investors. That focus turned into litigation by participants against their plans (and plan service providers). Eventually the Department of Labor instituted fee disclosure rules that require plan service providers to break down fees charged to the
Should I be concerned about 401k fees? Read More »
How you dress to go to court is important. Courtrooms are one of the most formal workplaces in the country. Judges are very strict about attire from their staff to lawyers to parties to witnesses to spectators. Only jurors can sometimes get away with more relaxed attire. The last thing you want to do is
How should I dress to go to court? Read More »
In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend
If I serve in the military what rights do I have to my civilian job? Read More »
If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Law for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On
Do I have to be paid for being on call to work in Texas? Read More »
Sometimes, yes. Any time the market dips, it inevitably leads to a string of suits against brokers for all sorts of reasonable and unreasonable theories. The attitude suggests people don’t care how their losses go away, as long as somebody else can foot the bill. Sometimes these suits are legitimate. Accountholders, seeing gains during the market boom
Can I sue my broker for losses in my account? Read More »
401k loans allow you to borrow against your 401k account tax-free (as long as you pay it all back). The loan payments typically occur by payroll deductions. If considering a 401k loan you should carefully consider he loan terms and the ramifications. Your employer does not have to offer 401k loans and can severely limit
Employment Attorney explains: When can I take a 401k loan? Read More »