The Hidden Danger of Child Support Income Withholding in Texas

In Texas divorces with children, child support is almost always awarded. Along with the support comes an income withholding order (IWO) to garnishĀ child support from the paying parent’s paycheck. The paying parent, the obligor, will have payments deducted and paid through the Attorney General or a domestic relations office.Ā The income withholding order is often a […]

The Hidden Danger of Child Support Income Withholding in Texas Read More Ā»

Can I file an FMLA lawsuit in Texas state courts?

Yes, under section 107 of the Family Medical Leave Act, a covered employee may file suit in a federal or state court with competent jurisdiction to hear the FMLA claims. That means an employee with FMLA claims can certainly file those FMLA claims in Texas state courts. Rules governing which Texas state courts have jurisdiction

Can I file an FMLA lawsuit in Texas state courts? Read More Ā»

Nurse fired for not praying the Rosary with patient and loses religious discrimination suit

That’s right. The federal Fifth Circuit Court of Appeals recently decided in Nobach v. Woodland Village Nursing Center, Inc. that a Jehovah’s Witness who refused to pray the Rosary with a Catholic patient and was fired for her refusal failed to prove her religious discrimination claim. Nursing home activities aide Nobach was asked to pray

Nurse fired for not praying the Rosary with patient and loses religious discrimination suit Read More Ā»

Planning for a QDRO in your Texas divorce

During the asset division in a Texas divorce, an employer-sponsored retirement plan may be subject to the property division. Texas follows the community property rules, which distinguishes between property acquired during the marriage as marital property (community property) from property acquired before the marriage or during the marriage as the individual’s property (separate property). Community

Planning for a QDRO in your Texas divorce Read More Ā»

Frequent urinarion at work and disability discrimination in Texas

Frequent urination can be caused by a number of medical conditions. Frequent restroom breaks can cause problems with the employer who wants the employee to be at his or her work station during the work day. In addition to the physical discomfort, it can be emotionally uncomfortable as co-workers or managers make comments about the

Frequent urinarion at work and disability discrimination in Texas Read More Ā»

Terminating a parent’s rights in Texas: The Financial Risks

Parents in Texas sometimes decide they want to terminate another parent’s rights to their children. Often this occurs after a divorce or child custody case issued orders assigning rights to each parent. At some point after the end of the case relationships break down and one parent decides it is time to sever the parent-child

Terminating a parent’s rights in Texas: The Financial Risks Read More Ā»

Social media can ruin your employment in Texas

In 2012 I had an article published in the National Law Review regarding social media and workplace harassment claims. In the article I discussed the different approaches courts take to whether they consider social media activity to be within the workplace or beyond the doors of the work site. For hostile work environment claims, it

Social media can ruin your employment in Texas Read More Ā»

Employee confidentiality agreements may violate the National Labor Relations Act in Texas

If you grew up in the 1980s or the first half of the 1990s you remember awesome Saturday morning cartoons. I’m pretty sure there’s still Saturday morning cartoons; but when I was a kid during this time period there was wall-to-wall cartoons from 6am until 11am. A few years they even ran until noon. It was

Employee confidentiality agreements may violate the National Labor Relations Act in Texas Read More Ā»

Valuing pain and suffering losses in Texas personal injury lawsuits

When I speak with potential clients for personal injury or employment law claims, such as wrongful termination or discharge, inĀ  TexasĀ I often notice some uneasiness during the conversation when discussing making the client whole for non-physical losses like pain and suffering. Decades of insurance industry advertising has been very effective in making people feel like

Valuing pain and suffering losses in Texas personal injury lawsuits Read More Ā»

EEOC Issues New Pregnancy Discrimination Act Guidance

Employment blogs were en fuego a couple weeks ago aboutĀ the new Pregnancy Discrimination Act guidance from the EEOC. The guidance clarifies important interactions between the Pregnancy Discrimination Act and the Americans with Disabilities Act. It also addresses expanding protections under the Pregnancy Discrimination Act for the lactation provisions of the Affordable Care Act (ACA). The

EEOC Issues New Pregnancy Discrimination Act Guidance Read More Ā»

Can my employer make me waive FMLA protection?

No, an employer cannot require you to sign a waiver of protection under FMLA for future leaveĀ or protection from discrimination on the basis of prior use of FMLA. Department of Labor regulations on FMLA prohibit employers from requiring employees to waive FMLA rights and hold any waiver invalid. Like minimum wage and overtime protections, employers

Can my employer make me waive FMLA protection? Read More Ā»

EEOC lands $180,000 settlement with employer who fired an employee for eating chips

The headline sounds crazier than the facts behind this case, which involves a disability discrimination suitĀ on a wrongful termination. The case aroseĀ in a California federal district court against the employer, Walgreens. (The case is EEOC v. Walgreens.) The case involves an employee who broke a workplace rule to avoid a diabetic shock and lost her

EEOC lands $180,000 settlement with employer who fired an employee for eating chips Read More Ā»

Fifth Circuit Deals Blow to Overtime Pay with MCA Exemption

This month the federal Fifth Circuit Court of Appeals, which hears appeals from Texas, delivered a surprising appellate decision on overtime pay for workers in long haul freight transport in Allen v. Coil Tubing Services, LLC. In this case, the appellate court held that workers could be identified by class in determining whether an exemption

Fifth Circuit Deals Blow to Overtime Pay with MCA Exemption Read More Ā»

Racial harassment case recently decided by the Eleventh Circuit

Today’s post discusses an interesting case brought in Alabama under a racial harassment or hostile work environment case. This case is Adams v. Austal, U.S.A., LLC and the Eleventh Circuit’s appellate court’s decision is available here. The appeal deals with whether an employee may rely on evidence that the workplace was objectively hostile that he

Racial harassment case recently decided by the Eleventh Circuit Read More Ā»

What it takes to get an uncontested divorce on your own in Texas

Last Wednesday I was at the Dallas County Family Courts helping a client wrap up an uncontested divorce. The early morning court sessions are typically open to what are called “prove ups” in which parties present testimony on uncontested issues (such as name changes, uncontested divorce decree signing, etc.) and the judge grants the orders

What it takes to get an uncontested divorce on your own in Texas Read More Ā»

Dress up like the KKK and sue for race discrimination

Yes, you read that correctly. Three Boeing employees transformed their work uniform into makeshift KKK uniforms and lost their jobs. Then they filed suit for race discrimination because their African American coworker did not lose his. Yes, you read that correctly, too. This is the backdrop for Barker v. The Boeing Company, filed in Pennsylvania.

Dress up like the KKK and sue for race discrimination Read More Ā»

error: Content is protected !!
Scroll to Top