Month: October 2013

7 Ways You Are Mishandling Retirement Plans in Your Tarrant County Divorce: Bedford divorce lawyer

, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today’s post will detail some of the most common ways people in Texas divorces mishandle …

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FMLA leave and exempt employees: Dallas FMLA attorney explains

The Family and Medical Leave Act (FMLA) protects the right of employees to twelve weeks of medical leave in a twelve month period so long as the employee has worked 1,250 hours in the current or prior calendar year and the employee works at a work location in which the employer employs at least fifty …

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Pension overpayments / pension recovery: Dallas pension lawyers

You worked for decades at an employer, retired and began receiving your defined benefit pension from your employer. You have planned your finances around your pension payments, social security and other sources of retirement savings. Then a letter shows up from the pension administrator. No, it isn’t your monthly check. It isn’t a spare check, …

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FMLA D.O.L. complaints and lawsuits

FMLA (Family Medical Leave Act) issues represents a substantial portion of the employment law work I perform for clients. FMLA claims are common due to employer mismanagement or misunderstanding of FMLA duties. Even large, Fortune 500 employers fail to properly administer FMLA leave. The employee seeking FMLA leave may suffer discrimination, harassment, interference with FMLA …

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Fort Worth divorce lawyer: Family court cannot refuse mediated settlement agreement over best interests of a child

The Texas Supreme Court issued its opinion In re Stephanie Lee. This addressed whether a family court can refuse a mediated settlement agreement when the judge does not believe it is in the children’s best interest. The court held a judge may not reject an MSA believing it is not in the child’s best interest. This ruling strengthens the authority of …

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Alcohol and personal injury in Dallas and Fort Worth

North Texas Beer Week (November 9-16, 2013) is almost upon us and that means lots of great beers and beer events around the DFW area. That also means an increased probability that intoxicated drivers will be cruising through your neighborhood, especially late at night. While encouraged to drink responsibly, we all know that some people …

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Is “workforce modernization” code for age discrimination at work?

At the heart of a lot of age discrimination cases under the federal ADEA and state-level Texas Labor Code is an employer trying to modernize the business and employs age stereotypes to justify eliminating older workers. Employers in these cases want a “youthful appearance” or “faster” or “more energetic” or “more tech savvy” workforce. They …

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Fluctuating Work Week FLSA calculations in Dallas and Fort Worth, Texas

The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don’t understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v. …

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When can I sue for employment discrimination? Fort Worth labor lawyer explains

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits …

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Fort Worth divorce lawyer explains the presumption of community property

As I discussed in a prior blog post and this page about property division, Texas is a community property state. Simply put, the majority of property acquired during a marriage is community property. That community property is jointly owned by both spouses. Under the Texas Family Code, community property is subject to a just and …

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Dallas employment lawyers: Employment discrimination and job reinstatement

Often Dallas and Fort Worth employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most …

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Ways to resolve Fort Worth contested divorces: Tarrant County family law attorney

Among the top concerns in any Texas divorce is the issue of financial cost. It’s not just the cost of hiring lawyers but the costs of all the mechanics of a Texas divorce, including filing fees with the Family Court, appraisals, retrieving financial records, expert testimony and so forth. Admittedly, the cost of attorneys represents the …

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Fifth Circuit makes HUGE Americans with Disabilities Act interpretation

The Fifth Circuit Court of Appeals rendered a critical pro-employee interpretation of the Americans with Disabilities Act reasonable accommodation requirement. Under this new interpretation, an employer is required to provide a qualified individual with a disability a reasonable accommodation even if the accommodation does not relate to the essential functions of the job. That is a …

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