Month: January 2014

Federal appellate court analyzes meaning of disability under the Americans with Disabilities Act Amendments Act

This month the federal Fourth Circuit Court of Appeals issued its decision in Summers v. Altarum Institute. It’s the first appellate court to address the definition of “disability” under the Americans with Disabilities Act Amendments Act (ADAAA). The ADAAA has been a tremendous source of agony for employer-side lawyers (and employers). It expanded the meaning of …

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Dallas employment lawyer: Social media and employment discrimination claims

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It’s out there. There are so many social media outlets to choose from it’s difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status …

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Dallas employment lawyer: Think racism is dead? Check this out

As an employment lawyer for racial discrimination, I meet people who believe racism is over because we elected Obama. It would be nice if that were true but it isn’t. Employees of all racial groups and ethnicities find themselves subject to “real racism”.  If you think we eradicated racism for younger generations, take a look at this news …

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Fort Worth divorce lawyer: What do diminished value claims and prenups have in common?

I mean other than two legal issues that I can help you with? Diminished value claims and prenups have two things in common: 1. they both preserve the value of property; and 2. they both become legal issues after a wreck. Ok, so diminished value claims have to do with car accidents but prenups have …

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Even the strong arm can’t muscle past qualified immunity in Dallas, Texas

You have seen at least one of Brian Loncar’s advertisements as the “Strong Arm” personal injury lawyer. His ads have run for at least a decade for his high volume personal injury firm in Dallas. Loncar got into a car wreck in Dallas (or Highland Park) with a Dallas Fire Department Fire Engine. Loncar claimed the …

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Dallas employment attorney: Overtime pay with personal leave

Overtime rules under the Fair Labor Standards Act and Texas Payday Law result in  improper wage calculations in employment law. Some employers engage in illegal acts to avoid paying overtime. Many fail to fully understand when they must pay overtime and how the calculation of overtime pay must occur. (For a primer on overtime pay, …

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IRS Rules for Mandatory Gratuity

Beginning January 1, 2014, the IRS began enforcing rules on restaurant mandatory gratuities that will have an impact on both the income of tipped employees and how restaurants can get themselves in hot water with the Department of Labor and/or IRS by misapplying these mandatory gratuities. Restaurants typically charge these mandatory service charges for large …

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Colorado Principal Fired for Opposing Bizarre School Practice

Noelle Roni, the former principal at charter school Peak to Peak Elementary in Colorado, was allegedly terminated in November for opposing what can only be described as a bizarre school practice. According to news reports, the school fired Roni after she demanded cafeteria workers stop stamping the hands of students who received lunches but did …

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Seven Things That Will Hurt the Value of Your Diminished Value Claim in Dallas-Fort Worth

Diminished value claims, which allow recovery on the lost market value of a car that has an accident in its history, do not follow a precise formula. Texas allows recovery under a diminished value claim; but whether you can recover and how much of the value you can recover depends on many factors. Among those factors …

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Child support payments not paid through the Attorney General: Fort Worth child support lawyer

A common mistake child support obligors make is paying child support payments directly to the obligee-parent rather than to the Texas Attorney General’s State Disbursement Unit (SDU). This mistake can be costly for the obligor even if the obligor believes he or she can pay less by making child support payments directly to the other …

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5 diminished value claims mistakes that will make the claims adjuster laugh at you: Texas lawyers

Although diminished value claims are on the rise in Texas, insurance companies still feel like they are winning the war. Insurance claims adjusters know that for the majority of people the adjuster can take advantage of the claimant’s inexperience in dealing with insurance claims and personal injury litigation. If you are new to diminished value claims, …

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