Employee rights

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In Loco Parentis FMLA Leave — What is it? Dallas FMLA lawyer answers

In loco parentis sounds like it means "crazy parent". It is a Latin phrase that means "standing in the place of a parent". It's a legal doctrine in FMLA leave regulations. For FMLA leave the in loco parentis doctrine allows employees to take leave to care for an individual who has a parent-child relationship with the employee but is not biologically a parent or child of the employee. This can be extremely important for modern family structures where children may be raised by grandparents or other family members. In these families the need for leave to care for a family member is no different from...

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Texas Open Carry Law and Your Employment in Dallas and Fort Worth, Texas

On January 1, 2016 the new open carry law goes into effect across Texas. You may have seen coverage of the open carry protests around Arlington, Fort Worth, Dallas and other cities. Much of that coverage was over people openly carrying assault rifles. The new open carry law does not change the status of long guns, rather it extends the rights to carry handguns. Although the open carry law is not explicitly an employment issue it will affect most employees in Texas because most workplaces will becomes subject to open carry rights in addition to existing handgun possession rights in...

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Watch Out for These 8 Holiday Employment Issues with Fort Worth sexual harassment lawyer

The holiday season brings plenty of good times and festivities. It also brings along a lot of potential problems for employers and their employees when employers fail to respect their employees' time and beliefs. Sometimes this happens because an employer has a particular religious belief or on the other hand does not share a particular religious belief. Other times it happens because the employer goes overboard with trying to be cautious about religion in the workplace and oversteps the law. And of course we can't forget all the problems that arise with company parties and the social lubrication of alcohol. Today's...

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Can I take FMLA leave and leave under the ADA at the same time in Texas?

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee's job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave and overlap. Employers often get this issue wrong because they are unaware of ADA reasonable accommodation rules or do not understand that the ADA may apply to FMLA leave requests. HR departments may not be staffed with employees who thoroughly understand FMLA and ADA rights. They...

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What happens if my employer miscalculates my FMLA eligibility in Texas? Dallas employment lawyer explains

FMLA protects a covered employee's right to up to twelve weeks of protected leave time for specific medical conditions for the employee or an immediate family member. An employee must qualify for FMLA protections to invoke the right to leave under the statute. An employee who does not qualify for FMLA leave must look to other laws or the employer's voluntary leave policy. To be eligible for FMLA leave: The employee is covered under FMLA (with sufficient service time and hours). The employer is a covered employer (with at least 50 employees in a 75 mile radius). The employee is eligible for the...

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What is the employment at will doctrine in Texas?

All states except Montana follow the employment at will doctrine for employees. Although the employment at will doctrine governs employment relationships in Texas and most of the country since the days of the Founding Fathers, there is still a great deal of confusion about what this means. Part of the continuing confusion is the growing body of law modifying the employment at will doctrine. Understanding the employment at will doctrine is vital for any employee employed in an at will relationship. Today's post will help unravel some of the confusion, particularly for those who have been wrongfully terminated in Texas. What...

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What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact Texas employment lawyers. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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7 misconceptions about Texas employment law: Dallas employment lawyer

Employment law is probably the area of law most misunderstood of those that affect people on a daily basis. There is a lot of information floating around that is inaccurate or inapplicable to Texas law. Each state has its own set of labor and employment laws. What is true in one state may not be true here in Texas. As an employment lawyer in Texas in Dallas and Fort Worth there is only so much I can do to help people who have been lawfully fired over a misconception of Texas employment law, particularly about wages, overtime, harassment, discrimination and FMLA rights....

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Fort Worth Employment Lawyer and Overtime Pay

Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employees not exempt must receive overtime pay at a rate of one and a half times their regular rate of pay for each hour of work over forty hours in the workweek. FLSA Exemptions for Minimum Wage and Overtime Pay There are a number of exemptions under the Fair Labor...

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Are Dallas-Fort Worth Uber drivers employees or contractors?

So far Uber hasn't had a great start in Dallas and Fort Worth (according to reviews). Uber has seen great success in other areas. It is widespread in the major cities in California despite an existing availability of taxi drivers. Major cities around the country are tackling the issues with Uber and other ride-sharing services in different ways. Many cities are adopting ordinances restricting the ride-share business or requiring drivers to follow the same safety and insurance regulations to operate in the city. Other cities, like San Antonio, have loosened restrictions to encourage these businesses to provide private transportation in...

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