A common question for Texas employees is, “what rights do I have to maternity leave”? Under Texas law, employees have limited rights to maternity leave. Texas state law does not increase maternity leave rights beyond the rights protected under federal law. The rights to maternity leave come from the Pregnancy Discrimination Act and the Family Medical […]
Maternity leave rights under federal and Texas employment law Read More »
When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. Everything could become a disability. That hasn’t proven entirely true; but the ADAAA certainly expanded the scope of disabilities covered under the Americans with Disabilities Act. One issue is whether obesity qualifies as a disability under the ADA or ADAAA.
Is Morbid Obesity an ADA Disability? Read More »
Summer is normally a quiet time in the law because Texas and federal legislators take the summer off; but this summer has been particularly significant for employment law. One of the most important changes came through the Supreme Court’s holding in United States v. Windsor, Executor of the Estate of Spyer, et al. in which
FMLA and same sex marriage Read More »
Major news outlets today are covering today’s strikes by fast food workers demanding higher pay. Although those workers demand an increase in the minimum wage, there are other food service workers subject to minimum wage laws that often do not receive minimum wage, even at today’s legal minimum wage rate: tipped employees. Tipped employees receive pay in
Tipped employees not making minimum wage in Dallas or Fort Worth Read More »
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 »
During a divorce one of the biggest issues in dividing the marital property is dividing the financial assets. Most married people will designate their spouse as the beneficiary on the account or policy. The Employee Retirement Income Security Act (ERISA) governs most employee benefits. It requires married employees to designate their spouse as the primary
What happens to my beneficiary designations after a divorce in Texas? Read More »
Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain
Is getting paid by salary better than being paid hourly in Texas? Read More »
As a Dallas employment lawyer, I often write about what Texas employees should do to protect their rights but employers also play a role in ferreting out workplace harassment and discrimination. You might own a business or work in human resources and confronted with a situation where an employee alleges harassment or discrimination in the workplace. Obviously,
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 »
There is no actual “statute of limitations” passed by the Texas legislature that gives the limitations period for all suits. The phrase refers to the limited period of time to bring a suit to court, whether it is a divorce, personal injury, employment, or even criminal suit. Different types of suits have different limitations periods
As an employee, contributing to a 401k plan can be an essential aspect of your retirement planning. However, if your employer contributes to your 401k plan, you may wonder whether they can stop contributing to it. In this article, we will discuss what a 401k plan is, how employer contributions work, and whether your employer
Can my employer stop contributing to my 401k? Read More »
The attorney-client privilege protects communications between lawyers and clients when those communications are part of the lawyer providing legal services. The privilege allows the client to speak honestly with the attorney so the attorney can provide the best legal services. Without the privilege, clients may be unwilling to share critical information with their attorneys. Although the importance is obvious
What is the importance of the attorney-client privilege? 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 »
Employees must understand the importance of making informed investment decisions when it comes to your 401(k). One common question that arises is whether investing in company stock within your 401(k) plan is a wise choice. In this comprehensive article, we delve into the factors you should consider when deciding whether or not to invest in
Should I invest in company stock in my 401k? 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 »
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
I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.? 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 »