Month: December 2013

FMLA leave medical recertification: rules and regulations

You request FMLA leave. Your employer requests medical certification. You provide it. Your employer approves your FMLA leave. You take leave. Then, while you are on FMLA leave, your employer is sending you requests for new medical certification? Can your employer do that? The answer is yes, under certain circumstances, your employer can request new …

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Texas non-compete agreements and independent contractors

Texas is no exception to companies hiring employees as “independent contractors” to skilled positions. Sometimes companies legitimately hire independent contractors to perform specific tasks that they cannot or prefer not to perform in-house. This combination of uses for independent contractors has led to an ever-growing subset of workers outside the traditional employer-employee relationship. The employer-independent contractor relationship …

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Employer background checks in Texas: what do they show? Texas expunction lawyer explains

A question I receive to my Texas law firm is what shows up on an employer background check in Texas. Employers are increasingly performing background checks on job applicants in Texas. They look at both credit information and criminal backgrounds. There is considerable confusion about what employers can legally see in a background check in …

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Texas Payday Law and final paycheck: Dallas overtime lawyer

I often receive questions regarding Texas employees and when they should receive their final paycheck from their employer. In Texas, the law governing the timing of your final paycheck is the Texas Payday Law, which is similar to the federal Fair Labor Standards Act but includes some additional, state-specific rules for employee wages. Under the …

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Texas diminished value claims and first party liability: Fort Worth labor lawyer explains

Diminished value claims are claims for the loss of market value in a vehicle after it experiences a car wreck. Diminished value is a subset of personal injury law that deals with car accidents. Insurance companies avoid paying on diminished value claims because they can add thousands to a claim. Sometimes insurance companies will tell …

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It’s that holiday party time again… Dallas employment attorney discusses the problems

Earlier in the year I wrote a post here about the dangers of holiday parties for employees. It’s that time of year when the holiday party/christmas party/whatever party happens. The holiday party can be a great opportunity for employees to embarrass themselves or injure their career. A former employer of mine used to throw a large …

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