Month: July 2013

If my spouse has a protective order against me but she invites me over can I go without getting arrested? Fort Worth divorce lawyer explains

No. In Texas, protective orders can issue from family courts in divorce suits and child custody actions (suits affecting the parent-child relationship or SAPCR). In these cases, protective orders are commonly issued to prevent somebody from visiting or even being within a certain distance from another person. Typically they will be issued if there are …

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Employment discrimination still a widespread problem in Texas

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 …

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How to Negotiate a Better Deal with a Promotion? Fort Worth employment attorney

In a down economy, it can be exceedingly rare that you have an opportunity for promotion. It can be even rarer that the company is going to be willing to negotiate a higher salary when they know that there is probably 100 people at least closely qualified to take the position for the offered salary. …

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Can my employer change the 401k plan or make an exception for me?

Generally, no. The federal regulations that govern 401k plans require that 401k plans do not discriminate against employees. Plans must have uniform rules and the rules must apply in a uniform manner. For example, if your plan permits hardship withdrawals it must establish specific rules for those distributions. Plans can establish some variances in rules across …

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I have been in a car accident. What Should I do? What Shouldn’t I do?

If you are in a car accident, an insurance company will become involved in settling claims from the car accident. In Texas, the insurance companies have a strong lobby and the law often benefits them more than the drivers. Unless the accident was minor and the responsible driver offered to pay out of pocket, you will most …

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EEOC New Anti-Discrimination Enforcement Priorities

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 …

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Ten Common Mistakes People Make in Divorces in Tarrant County and Dallas County

Divorce is a time where preparation, rational thought and a willingness to make long term decisions are critical but these things can be hard to do because divorce is often also a very emotional time. Texas family law attorneys assisting clients in divorces have a responsibility to the legal interests of their client. Some attorneys take …

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Should I be concerned about 401k fees?

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 …

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If I serve in the military what rights do I have to my civilian job?

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 …

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Do I have to be paid for being on call to work in Dallas or Fort Worth? Texas labor attorney

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 Act 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 …

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Can I sue my broker for losses in my account?

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 …

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When do I get my last paycheck when I quit or get fired in Dallas-Fort Worth? Texas employment lawyer

Each state has different rules about when an employer must pay you your last paycheck and in Texas the rules for your final paycheck set different dates depending upon who terminated the employment relationship. In Dallas or Fort Worth, if you terminate your employment then the employer has until the next regular payday to issue …

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When do I have a retaliation claim under Texas employment laws? Fort Worth labor lawyers

Retaliation claims are a growing area of employment claims in Texas and federal courts. Retaliation applies to employment discrimation, wage claims, overtime pay, FMLA, retirement benefits claims and other areas of employment law. These claims arise when an employee complains to the employer of some violation of law that occurred to the employee or another employee …

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Employment Attorney explains: When can I take a 401k loan?

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 …

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Retirement Plan Participant Disclosures

By now you received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure these retirement plans provide plan participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees) …

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