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What happens when the divorce decree doesn’t include the 401k and other retirement assets? Bedford divorce lawyer explains

I receive this common question from people in the midst of a divorce, particularly those attempting a pro se divorce. (Divorce without the help of an attorney.) The story is sometimes different but the question is always the same. Sometimes the spouses agree not to mess with dividing retirement accounts in the divorce to keep things easy; but then one of the parties has a change of heart down the road. If you have a QDRO issue in a divorce then you should contact Fort Worth divorce lawyer Adam Kielich. Sometimes spouses fails to realize the value or how much retirement assets could...

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Should I ask for FMLA intermittent leave? Dallas FMLA lawyer discusses

The Family Medical Leave Act is a federal law that protects the rights of employees to up to twelve weeks of medical leave within a twelve month period for treatment of a serious medical condition. FMLA protects not only the right to a single continuous leave period; FMLA also protects the right to take intermittent leave. Intermittent leave allows employees to take FMLA-protected leave in small leave periods. Intermittent leave is an important tool for employees who have a serious medical condition but may need ongoing treatment on a periodic basis, such as weekly or monthly treatment sessions, as well as...

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Texas employment lawyer: Diminished value on a salvage title

A salvage vehicle means a vehicle declared a total loss due to a wreck or theft. In Texas it is possible to buy and drive a vehicle with a salvage or rebuilt title. It requires inspection by the Department of Motor Vehicles and a certificate issued on the basis of the inspection. Many people are leery of buying a vehicle with a salvage title but there is definitely a market for them. Many buyers in the salvage market are looking for older vehicles or specialty vehicles to work on as a restoration. Some are looking for vehicles to gut and upgrade for...

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When can employers deduct credit card fees from tips in Dallas-Fort Worth? Dallas overtime lawyer explains

Today's society is moving increasingly towards becoming a paperless society. That includes the way we pay for goods and services. It is rare that people pay in cash, especially with the reward systems attached to credit cards. The convenience of throwing down plastic comes with a price, at least to the business owners. Credit card processors charge a fee for processing these transactions. These credit card fees may include per-transaction fees (sometimes called swipe fees) as well as monthly or annual fees. Businesses add these fees back into the cost of goods and services to pass them back to consumers. When...

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Denton County prevails in racial discrimination appeal: Texas racial discrimination lawyer discusses

Back in 2012, several local Dallas, Fort Worth and Denton media outlets reported a racial discrimination suit involving a prosecutor at the Denton County District Attorney's office and her allegations that an assistant DA, much higher up the food chain, had made racially discriminatory remarks that constituted a hostile work environment. The trial court awarded half a million dollars to the plaintiff and the District Attorney fired the individual who made the comments, his wife and two other lawyers in the office. Denton County appealed the decision to the Fifth Circuit Court of Appeals, who overturned the verdict entirely. How...

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Fort Worth employment lawyer: Supreme Court addresses donning and duffing rule under a collective bargaining agreement

On January 27, 2014 the U.S. Supreme Court addressed a narrow exception to the donning and duffing rule. The exception applies to the terms of a collective bargaining agreement under the National Labor Relations Act. Although this issue will affect few Texas employees, it is an important rule for union employees. It is also a key wage consideration for future collective bargaining agreements. Under the Supreme Court's opinion in Sandifer, employees under a collective bargaining agreement may not receive pay for some or all time spent donning and duffing protective attire. What is the donning and duffing rule Over the past several years courts addressed...

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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 or growing. Heck, even myspace is on the resurgence, particularly among teens. For Texas employment lawyers, on both the employer and employee side, social media presents both opportunities and liabilities. Employment discrimination and social media in Texas It's a wealth of information available in litigation to learn...

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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 story regarding a fraternity at Arizona State University who held a "black party" to celebrate MLK Day. Racial discrimination attorneys in Dallas and Fort Worth Sure, these are just college students today. In a decade they will be the middle management of corporate America. It's not like...

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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 to do with marital property. So why am I writing about these two subjects together? Let's call it a mental exercise in legal analysis. First let's start off briefly describing each: What is a prenup? A prenuptial agreement (prenup) is a contract by two parties that becomes...

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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, visit this blog post.) Even well-meaning employers underpay employees by failing to understand the overtime provisions of the FLSA and Texas Payday Law. It is not a defense to an unpaid overtime pay claim that the employer meant to pay what it owed. If you believe...

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