August 2013

Tipped employees not making minimum wage in Dallas or Fort Worth

Major news outlets today are covering today’s strikes by fast food workers demanding higher pay. Although those workers demandĀ 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 payĀ in […]

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Twerking while working? Probably a bad idea in Texas.

If you have been anywhere near a TV, radio, computer, or even two cans tied to a string, you have heard about or seen Miley Cyrus’s performance at the VMA. Let’s dispense with the details about her performance. Miley Cyrus does not know how to twerk. If Miley Cyrus is your entire world of information

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Employment criminal background checks, expunged records and deferred adjudication in Texas

Criminal background checks for employment raise several legal issues. For people filling out job applications, the only issue that matters is whether they will get the job. Employers are increasing reliance on criminal background checks and other background checks, such as education verification and credit reports. Criminal background checks, when you have a criminal history,

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Duress, spousal threats and divorce in Texas

A common concern from divorce clients and people looking for information about divorce comes in the form of, “my husband is threatening to…” or “my wife is threatening to…” with something about taking away the kids or all the property.Ā 99.9% of the time those threats have zero basis in the law and are never going

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What employment records should I keep in Texas?

The number one mistake that almost all employees make is not keeping their employment records. If you find yourself contemplating suing your employer over wages or discrimination, having records of your employment can be useful. Even though some records may be available from your employer, some information may never reach your employment file. For example,

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What happens to my beneficiary designations after a divorce in Texas?

During a divorce one of the biggest issues in dividing the marital property is dividing the financial assets. Most married people will designate their spouse as the beneficiary on the account or policy. The Employee Retirement Income Security Act (ERISA) governs most employee benefits. It requires married employees to designate their spouse as the primary

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Is there a benefit to hiring a divorce attorney of the opposite sex?

There are a lot of misconceptions about how divorce works and how divorce attorneys work. Most of these misconceptions are thanks to television shows and movies that depict divorces wrongly in almost every way imaginable. One of the biggest misconceptions people have about divorce and divorce attorneys is that there is some super secret edge

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What to do if I am an employer and somebody is being harassed or discriminated against at work in Texas?

As a Dallas employment lawyer, I often write about what Texas employees should do to protect their rights but employers also play a role in ferreting out workplace harassment and discrimination. You might own a businessĀ or work in human resources and confronted with a situation where an employee allegesĀ harassment or discrimination in the workplace. Obviously,

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My employer is offering severance in Texas. Should I sign the severance agreement?

Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer;Ā 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 ā€œletā€™s just be friendsā€ severance; the ā€œbusiness

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What is the statute of limitations in Texas and what happens if the statute of limitations runs out?

There is no actual ā€œstatute of limitationsā€ 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

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What is the importance of the attorney-client privilege?

The attorney-client privilege protects communications between lawyers and clients when those communications are part of the lawyer providing legal services. The privilege allows the client to speak honestly with the attorney so the attorney can provide the best legal services. Without the privilege, clients may be unwilling to share critical information with their attorneys. Although the importance is obvious

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Naughty or Nice: Donā€™t Lose Your Job at the Holiday Party

Russell Cawyer, an attorney in Fort Worth, maintains an excellent employment law blog focusing on employer issues. Each winter he reposts a link to his list of key topics for employers to avoid creating bad situations at holiday parties. In light of his highly informative wish list for employers I wanted to write a complementary

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Can you sue if your child is injured at a Texas public school?

Public schools and their employees in Texas enjoy protection under Texas law from most injuries to the children they supervise. This means that even though schools are responsible for caring for your children during the school day they are generally immune if something happens to your children causing them injury. It is the general rule

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