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Can my employer change the 401k plan or make an exception for me?

Generally, no. The federal regulations that govern 401k plans require that 401k plans do not discriminate against employees. Plans must have uniform rules and the rules must apply in a uniform manner. For example, if your plan permits hardship withdrawals it must establish specific rules for those distributions. Plans can establish some variances in rules across different business units, but once the rules become effective they cannot change without amending the entire plan. In order to make an exception or change the rules, the plan has change for everybody. Even when a 401k plan desires to make a change, changes often require amending...

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Ten Common Mistakes People Make in Divorces in Tarrant County and Dallas County

Divorce is a time where preparation, rational thought and a willingness to make long term decisions are critical but these things can be hard to do because divorce is often also a very emotional time. Texas family law attorneys assisting clients in divorces have a responsibility to the legal interests of their client. Some attorneys take an aggressive approach while others prefer mediation or collaboration. This is true whether you are in Dallas, Bedford or Fort Worth. No matter the approach taken by the divorce lawyer, the divorce lawyer’s ability to benefit the client is often hindered by the client's emotional...

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How should I dress to go to court in Tarrant County or Dallas County?

How you dress to go to court is important. As some would say, wear your Sunday best. Courtrooms are formal and the judges are very strict about attire from their staff to lawyers to parties to witnesses to spectators. Only jurors can get away with more relaxed attire. The last thing you want to do is get kicked out of a courtroom or have the judge postpone your appearance due to your clothes. Your appearance will definitely tell the judge a lot about you and sometimes those small cues the judge picks up can make a difference. In general, you...

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Minimum wage in Dallas, Texas employment law

The minimum wage in Dallas, Texas is currently $7.25. Minimum wage in Dallas Texas is the same as the minimum wage in Texas at $7.25, set by the Texas Payday Act, which ties minimum wage in Dallas and the rest of Texas to the minimum wage under the federal Fair Labor Standards Act. Dallas could increase minimum wage above the FLSA minimum wage rate and above the Texas Payday Act minimum wage rate. To my knowledge, no city in Texas opted to require a minimum wage above the federal minimum wage. Minimum wage in Dallas, Texas The minimum wage in Dallas, like the...

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If I serve in the military what rights do I have to my civilian job? Dallas FMLA lawyers

In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend each month, and long term service, such as full tours of service. USERRA protects your right to return to work after service if your service period is less than five years. The five year period is cumulative for an individual employer. If you work at the same...

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Do I have to be paid for being on call to work in Dallas or Fort Worth? Texas labor attorney

If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Act for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On call pay issues are complex because a few facts can completely change the wage claim. Does your employment have to pay for on call time in Texas? Whether your employer must pay you for on call time depends on a few factors: Your employer may have a policy...

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When do I get my last paycheck when I quit or get fired in Dallas-Fort Worth? Texas employment lawyer

Each state has different rules about when an employer must pay you your last paycheck and in Texas the rules for your final paycheck set different dates depending upon who terminated the employment relationship. In Dallas or Fort Worth, if you terminate your employment then the employer has until the next regular payday to issue your last paycheck. If fired or laid off then the employer has six calendar days to issue your last paycheck. If the sixth day is a day the employer normally closes, such as a holiday or weekend, then the employer has until the next regular...

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When do I have a retaliation claim under Texas employment laws? Fort Worth labor lawyers

Retaliation claims are a growing area of employment claims in Texas and federal courts. Retaliation applies to employment discrimation, wage claims, overtime pay, FMLA, retirement benefits claims and other areas of employment law. These claims arise when an employee complains to the employer of some violation of law that occurred to the employee or another employee and the employer responds by doing something negative to the complaining employee.  Retaliation claims in Texas employment law Employers and their managers learned it often pays to deal with workplace problems that result in violations of employment laws. Inevitably some managers retaliate against employees who were victims...

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Bedford Texas Attorney on: How long will it take to settle an injury claim?

Most personal injuries, such as car accidents and premises injury claims involve an insurance company to settle an injury claim. In Fort Worth or Dallas, a claim may settle with the adjuster or the insurer may hire local Bedford, Texas lawyers. The time and complexity involved in settling an injury claim or suit depends upon the injuries, the medical records, the general likelihood of the injury, the amount demanded and other factors. Setting cases in Dallas and Fort Worth, Texas The easiest claims to settle are those with obvious injuries that will heal with no long term effects. It is fairly easy to show that your...

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Can my boss fire me or write me up for talking to other employees about my pay? Fort Worth employment lawyer

No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your employment, such as pay, with co-workers. Your employer cannot discipline you for discussing it. Your employer cannot even make a rule or threaten to discipline you for it. If you experience this problem in Bedford, Fort Worth, or Dallas then you should contact an employment...

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