Employee rights

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Coworkers and Their Annoying Habits: Texas employment lawyers

An article published today by Ignites discusses the annoying habits of coworkers according to a poll of mutual fund employees. Although we're not all mutual fund employees, the habits pointed out in the survey are the annoying habits you find across all industries. The worst of the worst was loud phone conversations. A lot of these employees work in jobs where they are on the phones all day or most of the day, so loud conversations of both personal and professional discussions can really interfere with work. If your situation reaches the level of a hostile work environment then you...

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New case illustrates risk of ESOP mismanagement: Dallas employee benefits lawyer

I am a skeptic of Employee Stock Ownership Plans because they create unique financial risks to employees. The ESOP industry, unsurprisingly, takes issue with my position; but it's hard to take their position seriously in light of cases like today's appellate decision from the Seventh Circuit. Certainly I would agree that some ESOP plans are well-managed and financially benefit employees; but the risk of mismanagement is substantial. If you believe you have a claim for ESOP mismanagement then you should talk to a Dallas, Texas employment lawyer right away. Today's case Fish v. GreatBanc Trust Co., from the Seventh Circuit, illustrates just how...

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Dallas and Fort Worth, Texas unpaid wage claims and attorney fees

If the calls and emails coming into my office are any indication then there is a growing problem with unpaid wages, minimum wage violations, minimum wage tip violations and unpaid overtime pay here in Texas. I am getting a lot of contacts from people with unpaid wages. The Fair Labor Standards Act and the Texas Payday Law regulate payment of wage in Texas. These laws have duplicate requirements; but the Texas Payday Law adds some additional rules that help ensure employees are paid what they are due. These additional rules include provisions setting out how and when employees must receive paychecks....

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A peek into employment background checks from the employer’s perspective: Dallas employment lawyers

I've written in the past about employee background checks and the laws that pertain to them here in Texas, particularly with regard to criminal background checks. Employment background checks in Fort Worth and Dallas are a big issue because right now it's an employer's labor market and even the slightest issue in a background check can mean the difference between getting the call back or going into the shredder. I know background checks are a big issue. My posts on background checks are among the most viewed content on my website. I found a post on another employment law blog discussing...

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Should I ask for FMLA intermittent leave? Dallas FMLA lawyer discusses

The Family Medical Leave Act is a federal law that protects the rights of employees to up to twelve weeks of medical leave within a twelve month period for treatment of a serious medical condition. FMLA protects not only the right to a single continuous leave period; FMLA also protects the right to take intermittent leave. Intermittent leave allows employees to take FMLA-protected leave in small leave periods. Intermittent leave is an important tool for employees who have a serious medical condition but may need ongoing treatment on a periodic basis, such as weekly or monthly treatment sessions, as well as...

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When can employers deduct credit card fees from tips in Dallas-Fort Worth? Dallas overtime lawyer explains

Today's society is moving increasingly towards becoming a paperless society. That includes the way we pay for goods and services. It is rare that people pay in cash, especially with the reward systems attached to credit cards. The convenience of throwing down plastic comes with a price, at least to the business owners. Credit card processors charge a fee for processing these transactions. These credit card fees may include per-transaction fees (sometimes called swipe fees) as well as monthly or annual fees. Businesses add these fees back into the cost of goods and services to pass them back to consumers. When...

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Fort Worth employment lawyer: Supreme Court addresses donning and duffing rule under a collective bargaining agreement

On January 27, 2014 the U.S. Supreme Court addressed a narrow exception to the donning and duffing rule. The exception applies to the terms of a collective bargaining agreement under the National Labor Relations Act. Although this issue will affect few Texas employees, it is an important rule for union employees. It is also a key wage consideration for future collective bargaining agreements. Under the Supreme Court's opinion in Sandifer, employees under a collective bargaining agreement may not receive pay for some or all time spent donning and duffing protective attire. What is the donning and duffing rule Over the past several years courts addressed...

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Dallas employment lawyer: Social media and employment discrimination claims

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It's out there. There are so many social media outlets to choose from it's difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status or growing. Heck, even myspace is on the resurgence, particularly among teens. For Texas employment lawyers, on both the employer and employee side, social media presents both opportunities and liabilities. Employment discrimination and social media in Texas It's a wealth of information available in litigation to learn...

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Dallas employment attorney: Overtime pay with personal leave

Overtime rules under the Fair Labor Standards Act and Texas Payday Law result in  improper wage calculations in employment law. Some employers engage in illegal acts to avoid paying overtime. Many fail to fully understand when they must pay overtime and how the calculation of overtime pay must occur. (For a primer on overtime pay, visit this blog post.) Even well-meaning employers underpay employees by failing to understand the overtime provisions of the FLSA and Texas Payday Law. It is not a defense to an unpaid overtime pay claim that the employer meant to pay what it owed. If you believe...

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2014 IRS Rules for Mandatory Gratuity: Dallas employment lawyers

Beginning January 1, 2014, the IRS began enforcing rules on restaurant mandatory gratuities that will have an impact on both the income of tipped employees and how restaurants can get themselves in hot water with the Department of Labor and/or IRS by misapplying these mandatory gratuities. Restaurants typically charge these mandatory service charges for large parties, which may be as few as six people. The added charge usually ranges from 15-20%. Under Texas and federal employment law, these mandatory gratuities belong to the restaurant; the restaurant is not required to give any portion of that mandatory charge to the employees. (Some...

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