Employment Litigation

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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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Fluctuating Work Week FLSA calculations in Dallas and Fort Worth, Texas

The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don't understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v. SettlePou, P.C.. In Black, the Dallas district judge misapplied the fluctuating work week in an unpaid overtime case. An employee, misclassified by her employer as exempt, was shortchanged on overtime pay. The appellate court instructed the district court to use the regular overtime pay calculation instead. Ok,...

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When can I sue for employment discrimination? Fort Worth labor lawyer explains

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits protected under federal and Texas law include race, ethnicity, national origin, disability, sex, gender, religion and age. The law also protects certain employee acts from employment discrimination. These include reporting discrimination internally or externally, participating in an investigation of discrimination, filing a wage claim for unpaid wages,...

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Employment Discrimination slide show presentation: Dallas employment attorney

This is a brief power point presentation about employment discrimination under Texas and federal law. The information in the power point presentation is a very high level overview. Employment discrimination is a complex area of law. There are many sub-rules and exceptions to rules that do not appear. You can obtain more information about each area of employment discrimination discussed on my website. At some point in the near future, when I am not busily working for my clients, I intend on recording a narrated video version of the presentation and putting that either directly on this website or shoving...

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How to file a discrimination complaint with the TWC: Dallas and Fort Worth employment attorney

A common question is how to file a sex discrimination or other employment discrimination complaint with the TWC or EEOC. The process is fairly similar for both the TWC and EEOC when filing a charge of discrimination. The charge process is free and allows discrimination complaints with the TWC and EEOC without a lawyer; but what you allege in the charge has a big impact on a lawsuit. So it is beneficial to hire a lawyer up front to make sure the right claims are in the charge. If you believe you have an employment discrimination claim then you should contact employment lawyers...

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I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you can take it, etc. Federal law permits a household to produce 200 gallons of homemade alcoholic beverages (but no distilling). Beyond that you must pay excise taxes and obtain professional licenses. Federal law permits sharing homebrew beyond the household for organized tastings, competitions and the like....

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How should I dress to go to court in Tarrant County or Dallas County?

How you dress to go to court is important. As some would say, wear your Sunday best. Courtrooms are formal and the judges are very strict about attire from their staff to lawyers to parties to witnesses to spectators. Only jurors can get away with more relaxed attire. The last thing you want to do is get kicked out of a courtroom or have the judge postpone your appearance due to your clothes. Your appearance will definitely tell the judge a lot about you and sometimes those small cues the judge picks up can make a difference. In general, you...

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If I serve in the military what rights do I have to my civilian job? Dallas FMLA lawyers

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 each month, and long term service, such as full tours of service. USERRA protects your right to return to work after service if your service period is less than five years. The five year period is cumulative for an individual employer. If you work at the same...

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When do I have a retaliation claim under Texas employment laws? Fort Worth labor lawyers

Retaliation claims are a growing area of employment claims in Texas and federal courts. Retaliation applies to employment discrimation, wage claims, overtime pay, FMLA, retirement benefits claims and other areas of employment law. These claims arise when an employee complains to the employer of some violation of law that occurred to the employee or another employee and the employer responds by doing something negative to the complaining employee.  Retaliation claims in Texas employment law Employers and their managers learned it often pays to deal with workplace problems that result in violations of employment laws. Inevitably some managers retaliate against employees who were victims...

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