Month: June 2013

Is Texas an At-Will Employment State? Dallas employment lawyer discusses

Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for …

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Bedford divorce attorney explains community property rules in Texas

Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in Dallas, Fort Worth or Bedford, Texas by a married couple is either community property or separate property. Community property includes property owned jointly by both spouses. Separate property includes property owned by only one spouse. The law …

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New York state Court of Appeals says Starbucks supervisors can share in tip pool: Texas lawyer

I don’t want to get in the habit of commenting on other states’ employment law positions but this case carries special weight. It may inadvertently affect the whole country because the case is before the federal Second Circuit Court of Appeals. This case deals with tip pools among tipped employees and non-regularly tipped employees. It …

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Texas employment attorney explains what is FMLA

FMLA is the Family and Medical Leave Act, a federal law that provides certain employees leave protections. FMLA provides twelve weeks of leave in a twelve month period. The twelve month period can be a fixed twelve month period, such as the calendar year, or a rolling twelve month period so the beginning of an …

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Should I hire a lawyer before filing a discrimination charge or complaint with the EEOC or TWC?

Absolutely. There are two key reasons why you should hire a lawyer before filing a charge or complaint of employment discrimination with the EEOC or TWC. Employment lawyers for EEOC mediation in Fort Worth and Dallas First, both the EEOC and TWC begin with an investigation followed by a mediation process. In mediation the two sides …

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How does the promotion process for civil service differ from private employers in Texas?

Civil service promotions in Texas follow the Texas Local Government Code and Texas Government Code as well as local ordinances. The procedures for civil service promotions differ among different departments and in some cases the size of the municipality. The Texas Local Government Code and Texas Government Code govern the procedures of city and county …

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Fort Worth Employment Attorney explains how employment discrimination occurs

Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This …

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401k Participants Want Employer Help Saving for Retirement. No Kidding?

An article published early this year discussed a survey by State Street Global Advisors (SSgA) proudly boasted that 74% of participants in 401k plans want to better understand how their savings will pay off in retirement. This should come as no surprise. Most workers have little or no formal or informal education in investing. Thanks …

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Fair Labor Standards Act & Texas Payday Law and Tipped Employees

Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage …

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New federal bills seeks to redefine what it means to be a full time employee

Under the Affordable Care Act (ACA) employers with fifty or more full time employees must provide health insurance to 95% of full time employees or pay a penalty. This “play or pay” provision has a lot of employers in a tizzy. Among the reasons is the ACA defines a full time employee at thirty hours per …

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What is a slip and fall injury in Texas? Lawyer Adam Kielich explains

“Slip and fall” is a slang term for personal injury claims known as premises liability, particularly those that involve stores where customers are injured when they slip, slide, or trip on merchandise, spilled food or beverages, leaks and other items on the floor. Although retailers have come a long way in improving in-store safety, there …

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How can I become emancipated in Texas? (updated 2021)

Emancipation is the dream of many teenagers; the freedom from the controls of parents is alluring. The Texas Family Code permits emancipation in limited circumstances. It is important to understand, if you are a minor seeking emancipation, the risks of that decision. I’ll discuss the permitted reasons for emancipation, the process involved and the risks …

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What is an independent contractor in Texas? Dallas unpaid wages attorney explains

Under Texas law and federal law, an independent contractor is a person that performs services for another entity under some agreement, in exchange for compensation, free from the “control” of the entity paying for the services. An independent contractor is typically thought of in contrast to an employee or as self-employed. This is mostly an accurate …

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Texas Forms-Based Divorce: An Infographic How-To

Fort Worth, Bedford, Tarrant County divorces. Here’s how you can use forms to finish your own divorce without a Texas divorce attorney. Schedule a consultation with a divorce attorney Uncontested divorce lawyers offer low cost options for divorce in Fort Worth, Dallas and surrounding areas in Texas. Most people do not want to spend large …

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Can my employer use what I say on facebook, twitter, linkedin, or other social media websites against me?

The laws around social media, especially in the employment context, are still evolving to meet the technological and social implications of social media in the workplace. Before delving into particulars, let me say that I think everybody needs to carefully consider what they post on social media websites because the information you put out there …

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Texas Supreme Court Approved Uncontested Divorce Forms

Texas divorce lawyers wept openly when the Texas Supreme Court approved a standardized form for uncontested divorces in Texas. Why would they weep? Well the forms are a substitute process to complete divorce through Texas family courts that clears out a lot of the complex legal petitions and forms in favor of something that a …

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