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When overtime must be paid in Dallas-Fort Worth? Dallas overtime lawyer explains

to compensation for certain employees for hours worked over forty hours in a work week at one and a half times the employee’s regular rate of pay. Most people understand the general concept of overtime pay; but employees do not always understand some of the specific rules. Employers often take advantage of this by not paying overtime pay owed to employees. This is a major issue in employment law and one that often requires Texas overtime lawyers to correct when an employee does not receive overtime he or she is due. Who receives overtime pay in Texas Under the Fair Labor Standards Act (FLSA)...

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Can my employer violate the employment handbook under Texas employment law? Fort Worth employment lawyer explains

Generally yes, the employer is not bound to follow its handbook. An employment handbook can be an employment contract that requires the employer to follow the procedures and rules. In almost every handbook there is a disclaimer that it does not create an employment contract. The employer is free to change the terms at its own discretion. Texas courts recognize the disclaimer as destroying any hope that you can rely upon your employer to follow its own rules. In addition to the disclaimer, employers often write the handbook in a way that allows the employer to not follow its processes. For example, the progressive disciplinary policy...

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Why does my spouse get part of my 401k or pension in a divorce?

Spouses in Fort Worth and Dallas are entitled to part of your retirement accounts in Texas because the federal law surrounding retirement plans allows for spouses to earn an interest in your retirement accounts during the marriage. State law allows for family courts to divide these assets based upon a domestic relations order. (That usually becomes a QDRO when the plan qualifies it.) In this case, state law provides the method to divide the accounts. The law states that employment income earned during a marriage is joint marital property. Because retirement savings are part of that income, the spouse has an entitlement...

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What employment records should I keep?

Ideally everything. Employment agreements, new hire paperwork, benefit plan descriptions, paystubs, corrective action notices, company newsletters, HR manuals, department manuals, emails relating to any of the above documents and anything else you might receive. Although a lot of these documents can be uncovered during litigation from your employer, it can be extremely important to have those documents up front. Sometimes employers do not have to keep certain documents beyond a given time period. In those cases the only “official” records will be the ones you keep. It helps to also keep personal notes of any interactions or anything you witness. These...

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Is Texas an At-Will Employment State? Dallas employment lawyer discusses

Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for cause or no cause at all. The at-will relationship has a lot to do with what an employment lawyer can do for a client who is wrongfully terminated because it limits the types of claims available under Texas law for wrongful termination. It is a strange...

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Bedford divorce attorney explains community property rules in Texas

Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in Dallas, Fort Worth or Bedford, Texas by a married couple is either community property or separate property. Community property includes property owned jointly by both spouses. Separate property includes property owned by only one spouse. The law presumes all marital property is community property. The law is serious about a marriage being the joining of two people. In a Tarrant County divorce or Dallas divorce the community property rules are key because many people own important community property like homes and 401k plans. Working with...

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Should I hire a lawyer before filing a discrimination charge or complaint with the EEOC or TWC?

Absolutely. There are two key reasons why you should hire a lawyer before filing a charge or complaint of employment discrimination with the EEOC or TWC. Employment lawyers for EEOC mediation in Fort Worth and Dallas First, both the EEOC and TWC begin with an investigation followed by a mediation process. In mediation the two sides meet with a mediator and try to settle. The employer does not have to offer you a fair deal. The mediator cannot advise you whether an offer is fair. The only way to know whether the settlement is reasonable is to have an advocate who can assess the offer. Additionally,...

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Fort Worth Employment Attorney explains how employment discrimination occurs

Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This post is an overview of employment discrimination. It does not address every form of unlawful discrimination or every method in which unlawful employment discrimination occurs. If you believe you are the victim of unlawful employment discrimination then you should speak with Texas employment discrimination lawyers. Many...

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Fair Labor Standards Act & Texas Payday Law and Tipped Employees

Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage requirements, overtime pay and several unique wage rules. Both Dallas and Fort Worth have a large number of service industry employees so this can be a substantial issue. Dallas employment lawyers help clients in Texas with tipping issues under federal and Texas employment laws. Tipping & Minimum...

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New federal bills seeks to redefine what it means to be a full time employee

Under the Affordable Care Act (ACA) employers with fifty or more full time employees must provide health insurance to 95% of full time employees or pay a penalty. This "play or pay" provision has a lot of employers in a tizzy. Among the reasons is the ACA defines a full time employee at thirty hours per week. We often consider full time employment means forty (or more) hours of work per week. We see that idea expressed in the Fair Labor Standards Act (FLSA) as the threshold before employers must pay overtime pay. However, ACA set the threshold lower to include employers who work...

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