June 2013

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

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

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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Divorce attorney explains community property rules in Texas

2 Comments / Divorce Law, Property Division Attorneys

Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in 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 presumes all marital property is

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

1 Comment / Wage & Hour Lawyers

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

2 Comments / Employee rights lawyer, Employment Benefits Law, Employment Litigation Attorneys

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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Fort Worth Employment Attorney explains how employment discrimination occurs

3 Comments / Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Sex Discrimination Law

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?

Employment Benefits Law, Retirement Plan/401k/Pension

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

Employee rights lawyer, Wage & Hour Lawyers

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

Employment Benefits Law

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

1 Comment / Employee rights lawyer

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 (updated 2022)

Divorce Law, Uncontested Divorce Attorneys

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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What is sexual harassment in employment?

1 Comment / Sex Discrimination Law

Sexual harassment in the workplace is basically three forms of activity: Requests for sexual favors in exchange for receiving positive effects to your job or preventing negative effects to your job; Unwelcome sexual advances; and Verbal and/or physical bullying based upon one’s sex or gender. Sexual harassment perpetrator can be a direct supervisor/manager, some other person

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