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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 Texas Payday Law, you must receive your final paycheck under specific deadlines based upon who terminated your employment. If you voluntarily ended your employment (and that includes constructive discharge) then your employer must pay your final wages by the next regular pay day. That means even...

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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 you lies. Like they do not pay diminished value claims, or use artificially low calculations for your diminished value claim. For more information about Texas diminished value claims check out my four part series. (Part 1, Part 2, Part 3 and Part 4.) Third party liability...

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Does my spouse have to sign the divorce papers before I can get a divorce? Bedford divorce lawyer explains

This question is an extremely common question in divorce law. Hollywood wants you to believe the only way a divorce occurs is your spouse voluntarily agrees to "sign the papers". Almost every show or movie involving a divorce has this situation where one spouse wants it and the other doesn't; so as long as one spouse refuses to "sign the papers" the other spouse is held hostage. The answer, at least here in Texas, is that no, your spouse does not have to "sign the papers". Sometimes there are papers your spouse may choose to sign; but there is no requirement under Texas law that...

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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 issue for Texas employment attorneys. Just read this and see how long it takes before your WTF meter reaches overload. If you feel you have a similar situation then you should contact a Texas employment lawyer right away. The facts (according to Ms. Royal) The facts of...

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How a defined benefit QDRO works: Dallas QDRO lawyer

I have written frequently about QDROs on my blog this year because, in my experience working with 401k and pension plans, there are a lot of misconceptions about QDROs in a Texas divorce under our community property rules. (You can read more about QDROs on the main QDRO page, and several posts including this one, this one, this one, this one, this one, and don't forget this one.) 401k QDROs are easy because the assets are more easily tracked and divided. Typically a QDRO on a 401k plan will divide the marital portion in two halves or carve out a amount. In a...

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FMLA and twelve month period for eligibility: Dallas labor lawyers for FMLA

FMLA (Family Medical Leave Act) medical leave is a huge source of employment litigation in Texas and around the nation. One of the major issues in FMLA leave and FMLA litigation is how the employer calculates eligibility for medical leave. FMLA protects medical leave for qualified medical conditions up to twelve weeks within a twelve month period. The Department of Labor recognizes four formulas for calculating FMLA eligibility within the twelve month period. Which formula the employer adopts and how the employer implements that formula can greatly affect the employee's rights under FMLA. That is especially true when the employee has...

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Do I need a QDRO in my divorce? Fort Worth QDRO lawyer explains

I have been receiving an abnormally large number of questions recently about splitting retirement assets in a divorce. Many of these questions involve spouses dividing 401k plans by taking a distribution, rather than the QDRO process. Following the wrong process in your Texas divorce can result in substantial tax implications for the 401k account holder. So it is important that you understand why you should use a QDRO to divide your 401k plan. QDRO in a Dallas and Fort Worth divorce The questions I receive at my Bedford, Texas law office go something like this. Husband owns a 401k account and the spouses have...

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I think I am being discriminated against at work what should I do? Dallas employment lawyer explains

If you believe you are being subjected to an illegal form of employment discrimination then you need to act quickly to preserve your claims. If you find that your workplace situation appears to fall into one or more of the types of prohibited discrimination then you should take the following steps: Dallas employment lawyer on employment discrimination Take notes of everything that happened at work that you believe may be part of the discrimination. Note the time, date and individuals involved in each event. You may vividly remember the discriminatory acts today but months down the road your memory may be imperfect. The...

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Age Discrimination and Early Retirement Incentives in Texas

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 in a layoff or reduction in force (RIF). Early retirement offers often target older employees. They are most likely to have the most generous pension benefits and highest compensation. Early retirement offers are easy ways to thin out the highest compensated employees in multiple departments without...

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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 many employers have given up pushing arbitration, although many employers still require arbitration agreements. If you believe you have a claim facing arbitration then you should contact a Fort Worth arbitration lawyer or Dallas arbitration lawyer right away. Arbitration is alternative dispute resolution in which the...

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