Blog

Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure to accommodate claim under the ADA and Texas Labor Code. Under both federal and Texas law, employers are required to engage employees requesting a disability accommodation in good faith. Employers are also required to engage in an interactive process to determine the need for accommodation. Failing...

Continue reading

5 Questions to Ask When Hiring a Divorce Attorney for a Flat Fee Uncontested Divorce in Texas

Uncontested divorces can be done as a flat fee divorce so you know the exact cost for the divorce--at least as long as the divorce remains uncontested. Divorce attorneys in Dallas and Fort Worth typically help clients with a divorce on an hourly fee because the work is often not predictable and we have to do as much work as it takes to get the job done. However, in an uncontested divorce the volume of work is less and you are really paying for the attorney's expertise and skill in drafting your divorce documents and getting you through the court...

Continue reading

What is a volunteer under Texas employment law?

Most people understand volunteering means giving away free labor, often to a charity or other non-profit organization. However, sometimes Dallas and Fort Worth for-profit businesses seek "volunteers" as a way of receiving unpaid labor or an employer requires its employees to volunteer time for a charitable or civic cause. What about these situations? The Department of Labor has developed regulations around the provisions of the Fair Labor Standards Act (FLSA) as they relate to volunteer work and address these issues. Generally Dallas-Fort Worth for-profit businesses cannot take on volunteers to obtain unpaid labor or require employees to volunteer for non-profit causes...

Continue reading

Does Texas have an employee protected medical leave law like FMLA?

Family Medical Leave Act (FMLA) is a federal law protecting the right to medical leave for employees and family members. Some states enacted their own state leave laws that create state level protections. These state laws duplicate FMLA protections or even provide protections greater than FMLA. Texas lacks a state law for protected medical leave from your job in Dallas or Fort Worth Texas does not have a state law for protected medical leave like FMLA. This is unsurprising, given that Texas is an extremely employer-friendly state. In Texas employees enjoy protected medical leave under FMLA but no state law creates a state-level...

Continue reading

What plans can be divided by a QDRO in a Texas divorce? Dallas QDRO lawyer answers

QDROs--qualified domestic relations orders--are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully divide benefits. Retirement Plans That Can Be Divided by a QDRO in Your Fort Worth or Dallas, Texas Divorce There are many ways to categorize types of retirement plans but it is helpful here to divide retirement plans between private employer plans and public employer plans. Private...

Continue reading

Does my uncontested divorce in Tarrant County, Texas have to have child support?

Under the Texas Family Code no divorce with children is absolutely required to include child support. Fort Worth divorces with children will often include child support because the court is required to consider the best interests of the child. In an uncontested divorce with children the spouses may agree not to include child support in the divorce for various reasons. Child support in an uncontested divorce in Bedford and Fort Worth, Texas Whether a judge will require child support depends entirely upon the discretion of the judge. I have never had a problem with a judge challenging an uncontested divorce where I...

Continue reading

Difference between attorney and lawyer in Dallas-Fort Worth

People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to use the word lawyer and not attorney.) You might also know other terms or phrases used to reference lawyers or attorneys such as counselor, solicitor, barrister, attorney at law, attorney and counselor or special counsel. In this country these terms generally have no specific legal meaning. At...

Continue reading

Spousal support in a Texas divorce: Fort Worth divorce lawyer

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its domestic relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, and around other part of Texas, to grant any type of spousal support following a Texas divorce. In Texas there are two types of spousal support available to spouses: (1) spousal maintenance; and (2) contractual alimony. Maintenance is a form of spousal support within the Texas Family Code that a judge can order within statutory boundaries. Contractual alimony is a...

Continue reading

7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney

Most of my work with FMLA clients in Dallas, Arlington and Fort Worth involves helping them after they have sought FMLA leave and the employer has already violated their FMLA rights. As much as they need urgent help from an employment lawyer, it's equally as important that employees understand how to properly exercise their rights under FMLA to ensure the employee can take FMLA leave when needed. Much of the guidance available online regarding FMLA leave is written by management-side employment attorneys and management-side industry groups to help employers maneuver FMLA regulations and sometimes even to foil legitimate claims for FMLA leave....

Continue reading

Enforcing child support with child support liens and QDROs with Bedford Divorce Attorney

Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support obligor hides money and assets, dodges the process server, or truly does not have the income stream to pay child support. There are a wide range of remedies available under the Texas Family Law to enforce child support and recover unpaid child support from financial assets of the obligor. Two of those remedies are child support liens...

Continue reading
error: Content is protected !!