Dallas Employment Attorney

Retirement Plan Participant Disclosures

By now youĀ received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure these retirement plans provide plan participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees) […]

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Can my boss fire me or write me up for talking to other employees about my pay?

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

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What is the difference between a 401k plan and a deferred compensation plan?

Generally, both plan formats defer compensation because the employee has elected to defer taking cash in hand to obtain some additional benefit, such as deferring taxes on the money or investing on a tax deferred basis. Under more specific legal definitions, there is a distinction between how these different plans work. Today’s post will discuss

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Biggest Loser to Contract Breacher

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 usedĀ 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

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ERISA Retirement Plan Participant Disclosures

By now you receivedĀ fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure retirement plansĀ provide participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees) to companies that

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I work for a religious organization, can my employer discriminate against me? Texas Employment Attorney Responds

This is probably one of the most contentious and biggest question marks in employment law in this country. In 2012 there was a fight over religious organizations and health insurance plans over whether they must offer contraceptive coverage. (Remember, Georgetown law student Sarah Fluke testified before Congress and Rush Limbaugh called her a sl*t?) Hosanna-Tabor Evangelical

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Benefits of staying in your 401k after you leave an employer

When employees leave employment, the common response is to want to sever ties and move on, especially if the employee left involuntarily or on bad terms. However, withdrawing or rolling over your 401k may not be the best decision in every case. There are important financial and legal considerations. Before making decisions about your 401k

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Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On?

This year’s Masterchef season is plagued with allegations of sexual harassment by a few female contestants, including one actress and former Playboy model. We don’t know much about the details of the allegations. All contestants are under contract with Fox not to discuss what happens behind the scenes. I suspect these allegations will turn into a

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Does employment discrimination still occur in the workplace?

Discrimination still occurs in the workplace. Sometimes itā€™s people who find it difficult to treat other people with respect. Sometimes itā€™s people not realizing the effect of their actions on others. This is true not only of more recently acknowledged and prohibited forms of discrimination, such as disability discrimination, but also of traditionally visible forms

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How are pensions calculated? Understanding the process

Pensions are a type of retirement benefit offered by employers or the government that provide a regular income to individuals after they retire. However, the calculation of pension benefits is not always straightforward. In this article, we will explore how pensions are calculated, including the various factors that can impact the final amount. Unlike an

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Can my employer violate the employment handbook under Texas employment law?

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.

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7 Tips for Employers to Prevent Employment Suits (updated 2022)

Lead by example. Employees treat the workplace and each other the way management treats the workplace and their employees. If you set low standards, your employees will set low standards. If you leave early every day, your employees wonā€™t feel like they have to work a full day, either. However, if your employees see you

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What is an Summary Plan Description?

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

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What employment records should I keep?

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

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Dallas Employment Attorney on Employer Dress Codes

Employers are permitted, and often encouraged, to establish a uniform dress code. There can be many reasons why an employer would want to establish a dress code. An employer might be concerned about workplace safety requiring safety gear, like goggles or gloves, clothing to prevent minor injuries, such as work boots or full length pants.

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