Month: June 2013

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 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: 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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Can I sue the police in Texas?

You can sue; the bigger question is whether you could prevail at trial. In Texas, police departments and their officers typically win lawsuits. These generally include false arrest, malicious prosecution, assault, battery, excessive force and various other civil rights claims. The most common reason people want to sue the policy in Texas is for false …

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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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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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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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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 (updated 2022)

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?

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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