Employee rights

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Colorado Principal Fired for Opposing Bizarre School Practice

Noelle Roni, the former principal at charter school Peak to Peak Elementary in Colorado, was allegedly terminated in November for opposing what can only be described as a bizarre school practice. According to news reports, the school fired Roni after she demanded cafeteria workers stop stamping the hands of students who received lunches but did not have enough money to pay for their lunches. Ms. Roni found the practice "disrespectful" and humiliating to the children. Surprisingly, her opposition resulted in her termination for opposing such a strange practice. (You can read Ms. Roni's public statement here and read more about the...

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FMLA leave medical recertification: Dallas employment lawyers

You request FMLA leave. Your employer requests medical certification. You provide it. Your employer approves your FMLA leave. You take leave. Then, while you are on FMLA leave, your employer is sending you requests for new medical certification? Can your employer do that? The answer is yes, under certain circumstances, your employer can request new medical certification after you are on FMLA leave. These subsequent FMLA medical certification requests are acceptable under the Department of Labor's FMLA regulations. If you have questions about FMLA medical certifications then you should contact a Texas FMLA lawyer right away. However, the DOL's FMLA regulations do...

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Employer background checks in Texas: what do they show? Dallas employment lawyer explains

A question I receive to my Bedford law firm is what shows up on an employer background check in Texas. Employers are increasingly performing background checks on job applicants in Texas. They look at both credit information and criminal backgrounds. There is considerable confusion about what employers can legally see in a background check in Texas. There is a lot of misinformation on the internet about what shows up in an employment background check. Today's post addresses the criminal background check in an employment background check in Texas. Why Texas employers conduct criminal background checks Employers have two simple reasons they conduct criminal...

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Texas Payday Law and final paycheck: Dallas overtime lawyer

I often receive questions regarding Texas employees and when they should receive their final paycheck from their employer. In Texas, the law governing the timing of your final paycheck is the Texas Payday Law, which is similar to the federal Fair Labor Standards Act but includes some additional, state-specific rules for employee wages. Under the Texas Payday Law, you must receive your final paycheck under specific deadlines based upon who terminated your employment. If you voluntarily ended your employment (and that includes constructive discharge) then your employer must pay your final wages by the next regular pay day. That means even...

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FMLA and twelve month period for eligibility: Dallas labor lawyers for FMLA

FMLA (Family Medical Leave Act) medical leave is a huge source of employment litigation in Texas and around the nation. One of the major issues in FMLA leave and FMLA litigation is how the employer calculates eligibility for medical leave. FMLA protects medical leave for qualified medical conditions up to twelve weeks within a twelve month period. The Department of Labor recognizes four formulas for calculating FMLA eligibility within the twelve month period. Which formula the employer adopts and how the employer implements that formula can greatly affect the employee's rights under FMLA. That is especially true when the employee has...

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Age Discrimination and Early Retirement Incentives in Texas

Employers who want to thin the herd of highly paid, older employees often offer early retirement incentive packages that trade off an increased pension benefit or severance package in exchange for an employee agreeing to voluntarily retire early. Early retirement is typically offered to a large number of employees before the company decides to engage in a layoff or reduction in force (RIF). Early retirement offers often target older employees. They are most likely to have the most generous pension benefits and highest compensation. Early retirement offers are easy ways to thin out the highest compensated employees in multiple departments without...

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Warning: The Danger of Ignoring Employment Arbitration Agreements in Texas

In the 1990s and early 2000s, a huge swath of employers added mandatory arbitration agreements to their employment applications and shoved arbitration agreement forms in front of their current employees. It was part of a larger push for arbitrating disputes with the idea that arbitration is cheaper than litigation. Over the past decade or so many employers have given up pushing arbitration, although many employers still require arbitration agreements. If you believe you have a claim facing arbitration then you should contact a Fort Worth arbitration lawyer or Dallas arbitration lawyer right away. Arbitration is alternative dispute resolution in which the...

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FMLA leave and exempt employees: Dallas FMLA attorney explains

The Family Medical Leave Act (FMLA) protects the right of employees to twelve weeks of medical leave in a twelve month period so long as the employee has worked 1,250 hours in the current or prior calendar year and the employee works at a work location in which the employer employs at least fifty employee in a seventy-five mile radius of the employee's work location. FMLA leave is a growing source of employment claims due to: the complexity of FMLA requirements; its interaction with the Americans with Disabilities Act; its interaction with workers compensation; and employer unwillingness to grant medical...

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Pension overpayments / pension recovery: Dallas pension lawyers

You worked for decades at an employer, retired and began receiving your defined benefit pension from your employer. You have planned your finances around your pension payments, social security and other sources of retirement savings. Then a letter shows up from the pension administrator. No, it isn't your monthly check. It isn't a spare check, either. It's a letter stating that the plan miscalculated your benefits, they should have paid you less. They need you to pay it back or they will reduce your monthly payments to recover the pension overpayment. This scenario is unfortunately a growing trend in Texas and around...

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FMLA D.O.L. complaints and lawsuits: Dallas FMLA lawyer

FMLA (Family Medical Leave Act) issues represents a substantial portion of the employment law work I perform for clients. FMLA claims are common due to employer mismanagement or misunderstanding of FMLA duties. Even large, Fortune 500 employers fail to properly administer FMLA leave. The employee seeking FMLA leave may suffer discrimination, harassment, interference with FMLA rights, or an outright denial of rights. The employee has the option of filing a complaint with the Department of Labor, filing a private lawsuit, or both. Today's post will discuss some of the differences between those options. Department of Labor FMLA complaint in Texas Under FMLA,...

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