Dallas Employment Attorney

Is Morbid Obesity an ADA Disability?

When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. EverythingĀ could becomeĀ 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. […]

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Tipped employees not making minimum wage in Dallas or Fort Worth

Major news outlets today are covering today’s strikes by fast food workers demanding higher pay. Although those workers demandĀ 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 payĀ in

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My employer is offering severance in Texas. Should I sign the severance agreement?

Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer;Ā 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 ā€œletā€™s just be friendsā€ severance; the ā€œbusiness

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What is the statute of limitations in Texas and what happens if the statute of limitations runs out?

There is no actual ā€œstatute of limitationsā€ 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

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Should I invest in company stock in my 401k?

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

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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 forĀ how much you can makeĀ andĀ where you

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Transgender employment discrimination in Texas

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

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EEOC misses on criminal background check discrimination lawsuit

Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a

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Employment discrimination still a widespread problem in Texas

The Equal Employment Opportunity Commission (EEOC), responsible for regulating against employment discrimination, reported several key cases in July 2013. EEOC’s reports discrimination in multiple forms, including: racial discrimination; sex discrimination; disability discrimination; religious discrimination; and age discrimination. Pro-employer groups continue to assert decreasing employment discrimination; but the ongoing anti-discrimination work of the EEOC and Texas

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EEOC New Anti-Discrimination Enforcement Priorities

The Equal Employment Opportunity Commission (EEOC) released its new Strategic Enforcement Plan (SEP) this spring that includes six key anti-discrimination priorities that the agency will be focusing on through 2016. These new anti-discrimination enforcement priorities reflect the intent to increase litigation as both a deterrent effect on employers to increase their anti-discrimination policies to prevent

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Should I be concerned about 401k fees?

401k fees have come into focus as one of many ways the financial services industry leeches money from the investors. That focus turned into litigation by participants against their plans (and plan service providers). Eventually the Department of Labor instituted fee disclosure rules that require plan service providers to break down fees charged to the

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

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

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Can I sue my broker for losses in my account?

Sometimes, yes. Any time theĀ market dips, it inevitably leads toĀ a string of suits against brokers for all sorts of reasonable and unreasonable theories. The attitude suggests people donā€™t care how their losses go away, as long as somebody else can foot the bill. Sometimes these suits are legitimate. Accountholders, seeing gains during the market boom

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Employment Attorney explains: When can I take a 401k loan?

401k loans allow you to borrow against your 401k account tax-free (as long as you pay it all back). The loan payments typically occur by payroll deductions. If considering a 401k loan you should carefully consider he loan terms and the ramifications. Your employer does not have to offer 401k loans and can severely limit

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