If you have been anywhere near a TV, radio, computer, or even two cans tied to a string, you have heard about or seen Miley Cyrus’s performance at the VMA. Let’s dispense with the details about her performance. Miley Cyrus does not know how to twerk. If Miley Cyrus is your entire world of information […]
Twerking while working? Probably a bad idea in Texas. Read More »
Criminal background checks for employment raise several legal issues. For people filling out job applications, the only issue that matters is whether they will get the job. Employers are increasing reliance on criminal background checks and other background checks, such as education verification and credit reports. Criminal background checks, when you have a criminal history,
The number one mistake that almost all employees make is not keeping their employment records. If you find yourself contemplating suing your employer over wages or discrimination, having records of your employment can be useful. Even though some records may be available from your employer, some information may never reach your employment file. For example,
What employment records should I keep in Texas? Read More »
The rules around volunteer work under federal and Texas law are not very complicated but commonly misunderstood. Under the Fair Labor Standards Act you cannot volunteer for a for-profit employer performing work for the employer. (Aside from a few professions, such as lawyers and doctors, and exempt employees performing exempt work.) No matter how badly
When can you be a volunteer in Texas? Read More »
Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer; but that does not mean you should sign it without carefully considering the terms. There are basically three types of severance agreements with employers in Texas. I call them the “let’s just be friends” severance; the “business
My employer is offering severance in Texas. Should I sign the severance agreement? Read More »
Russell Cawyer, an attorney in Fort Worth, maintains an excellent employment law blog focusing on employer issues. Each winter he reposts a link to his list of key topics for employers to avoid creating bad situations at holiday parties. In light of his highly informative wish list for employers I wanted to write a complementary
Naughty or Nice: Don’t Lose Your Job at the Holiday Party Read More »
HIPAA is the Health Insurance Portability and Accountability Act of 1996. HIPAA’s most important aspect for consumers and employees is its privacy protection. HIPAA protects your medical records and other personal data from unauthorized disclosure by covered entities. Although employers may not count as covered entities the rules applying to covered entities affects them. The
What is HIPAA and how does it affect my employment? (Updated 2022) Read More »
Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based
Transgender employment discrimination in Texas Read More »
Moral turpitude is an old legal term that simply means depraved or immoral. The term most commonly applies to crimes of moral turpitude and how that class of crimes affects other areas of law. Moral turpitude crimes may affect contract terms, employment law and immigration. (A conviction for a crime of moral turpitude may also
Crimes of moral turpitude under Texas law Read More »
In a down economy, it can be exceedingly rare that you have an opportunity for promotion. It can be even rarer that the company is going to be willing to negotiate a higher salary when they know that there is probably 100 people at least closely qualified to take the position for the offered salary.
How to Negotiate a Better Deal with a Promotion? Read More »
In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend
If I serve in the military what rights do I have to my civilian job? Read More »
If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Law for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On
Do I have to be paid for being on call to work in Texas? Read More »
No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your
Can my boss fire me or write me up for talking to other employees about my pay? Read More »
It is extremely common for employers to establish the first thirty, sixty, or ninety days as a probationary period. Employers do this to set the expectation that they are “test driving” an employee. Although employers can terminate employees (at least non-union employees or those who do not work under an employment contract) any time, companies have
For what reasons can I be fired during my first 90 days in Texas? Read More »
Tara Costa was a contestant on season seven of the well-known NBC reality show Biggest Loser. Ms. Costa did not win her season but she was a fan favorite. She used her popularity to elevate her career from plus-sized model to motivational speaker and fitness spokesperson. After leaving the show, Ms. Costa signed an agreement with
Biggest Loser to Contract Breacher Read More »
We live in a social media-driven world. It has its tentacles wrapped around almost every part of our life. Our news media relies on it for content. We interact with family members, friends and coworkers over it. It invades our pants, purses and backpacks through our phones and computers. With immediate access through our smartphones
Be careful about what you say on social media Read More »
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
When overtime must be paid in Texas? Read More »
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.
Can my employer violate the employment handbook under Texas employment law? Read More »
Are you aware of the Summary Plan Description (SPD)? If you are an employee or a plan participant in a retirement or health plan, you should be familiar with this document. An SPD provides important information about the benefits, rules, and procedures of a retirement or health plan. In this article, we will discuss what
What is an Summary Plan Description? Read More »
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
What employment records should I keep? Read More »