Month: November 2013

It’s your pension. Who is your financial adviser helping?

This week I fielded a question from a soon-to-be-retiree regarding her pension that I thought was worth sharing. Her employer offers a defined benefit pension plan, which she is fortunate enough to receive. Her employer’s pension plan offers the opportunity to receive benefits in the form of a single lump sum payment or various annuity …

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Dallas woman wins appeal on retaliation claim for complaining about sexual harassment

This Dallas employment retaliation case is best summed up in three letters: WTF? Not only are the facts of the case full of WTF; but the decision of our federal District of Northern Texas keeps up with the conduct of the alleged harassers. The lawsuit Royal v. CCC&R Tres Arboles, L.L.C. is a local Dallas decision on a significant legal …

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Dad said to be unfit because he would not take his kid to McDonald’s

Seriously. This is a real story. New York father and attorney David E. Schorr is in the midst of what appears to be a very tense divorce. The McDonald’s-related events have resulted in a defamation suit against a psychologist in the ongoing divorce suit. I’ll summarize the facts briefly, what it has meant for the …

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Sandifer v. U.S. Steel Corp. — FLSA Section 203(o)

This month the Supreme Court of the United States will hear oral arguments on Sandifer v. U.S. Steel Corp., coming out of the Seventh Circuit, dealing with the “changing clothes” language under Section 3(o) of the Fair Labor Standards Act. Sandifer deals with a group of steelworking employees who are required to put on protective …

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Age Discrimination and Early Retirement Incentives

Employers who want to thin the herd of highly paid, older employees often offer early retirement incentive packages that trade off an increased pension benefit or severance package in exchange for an employee agreeing to voluntarily retire early. Early retirement is typically offered to a large number of employees before the company decides to engage …

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Warning: The Danger of Ignoring Employment Arbitration Agreements in Texas

In the 1990s and early 2000s, a huge swath of employers added mandatory arbitration agreements to their employment applications and shoved arbitration agreement forms in front of their current employees. It was part of a larger push for arbitrating disputes with the idea that arbitration is cheaper than litigation. Over the past decade or so …

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