Some Salient Points from Texas Employment Laws

Certain legal protections have been guaranteed to the employee sector in Austin, which ensures that their basic rights are not trampled by unscrupulous employers.These laws protect workers at all stages of the employment process, from hiring to post-termination.

This article looks at some of the vital things that workers should know about employment laws in Austin.

Right from the commencement of the hiring process these laws govern how the hiring is conducted. As per the employment laws, no employer can show bias against a potential employee because of race, religion, gender, age or disability etc.

None of these factors of race, religion etc. can be cited as a viable reason to reject a qualified candidate. Doing so is an offence against state employment laws.Swift and severe legal repercussions await any employer who flouts these laws by any discriminatory actions against employees or potential employees.

Minimum Wage Laws

$7.25 per hour is the legal minimum wage in Austin, Texas.On top of the minimum wage conditions, the employment laws provide for overtime wages for employees. Under the overtime provision, if weekly work hours exceed 40 for any employee, then they deserve overtime pay from their employer. And the overtime hourly rate must be one half times more than their usual rate.

Apart from a few exempt professions and positions, these provisions of the employment laws cover all employees. The minimum wage and overtime stipulations encompass employees of large and small businesses alike. There are certain parameters that have been set to differentiate businesses that fall under the gamut of these laws.

A few of the professions that have been exempted from overtime stipulations of the employment law are executive and administrative employees. These, along with a few others, do not qualify for overtime wages based on a set of criteria which includes, among other things, the condition that their weekly pay must be in excess of $455.

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The minimum wage stipulations also are not applicable on many professions in the service industry in which employees receive tips as part of their job. In these cases the law requires that their hourly rate plus tips must not be less than the equivalent hourly minimum rate.

Safety at the Workplace

A major concern for employees is safety at the workplace. Thus the employment laws make it necessary for the employer to make sure that the safety of the employee is taken care of while at the workplace.

With the exception of independent contractors, every employee and workplace is included in these protective laws. For any employees who wish to register formal complaints against safety issues at their workplace, the Texas Dept. of Insurance Division of Workers’ Compensation and the Occupational Safety and Health Administration offer grievance redressal.

If an employer takes any form of retaliatory action against an employee who has submitted a grievance with this agency, then that employer may suffer legal penalties. Health Compensation:If an employee of a business suffers an injury while working for the employer then the employer is liable to pay that employee a proportionate amount as compensation. This compensation should be drawn from an insurance program that the employer must have in place as a matter of legal policy.

This compensation should include the injured employee’s medical expenses as well as a reasonable portion of the wages lost due to being unable to work. An employer may choose whether or not to take part in such a program. However, if the employer chooses to provide such compensation, then their employees can only get compensation and benefits for injuries that occur at work.

The lack of such a program allows the employees, who have been hurt at the workplace, the freedom to seek appropriate damages by whatever legal means they deem fit.

Laws Governing Time Off

Employers are required by the Family and Medical Leave Act (FMLA) to give covered workers unpaid leave for covered events of up to 12 weeks. The provisions of this act are applicable on any private business enterprise that has more than 49 workers and also on government employees. Additionally, employees in Texas are provided a 2 hour time off with pay for voting. Employers cannot deny their employees this benefit.

As per the stipulations of the state laws, any employee called upon for jury duty is entitled to a time off, albeit unpaid, from the employer.

Post Employment Benefits

If a worker’s position is terminated due to any other reason apart from misconduct, the worker is eligible to get unemployment compensation benefits. Another provision of the state employment laws provides a former employee the choice to keep on having the health benefit coverage they had during employment, but the catch is that post employment, they must bear the cost of the coverage themselves.

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Essential Information for People Undergoing Divorce in Middlesex

As taxing as divorce is on the peace of mind of the person involved in it, there are ways to prepare for the eventuality and be ready to take tough decisions in an informed manner. The first step towards that aim is to gather as much information as you can that is relevant to your case and may help you understand your situation better. After that it is advisable to consult a qualified Middlesex attorney to explore your options but it is essential to be knowledgeable about the basic factors involved in a New Jersey Divorce.
In order to file for a divorce in Middlesex, there are certain residency requirements that must be fulfilled for a court to accept the divorce case. In the event that ample proof is not provided to affirm that the case is legally entitled to be heard in a Middlesex court, the case will be denied acceptance and will most likely be dismissed.

These requirements include:
- During the time the divorce case is filed, either of the spouses must be a bona fide resident of Middlesex New Jersey and should be in the county when the case commences. Only if one of the litigants can prove a violation of their marital rights can they apply for an absolute divorce. In all other cases which cite gradual separation as a reason for divorce, the court mandates that the litigants must have been separated for no less than one year prior to the filing of the divorce.

- Since the divorce case was filed, one party should live in the state for one year without leaving.

To file an at-fault divorce in Middlesex County, legal directives of the court require that any of the following grounds for such a divorce have to be established as a reason. Moreover, these legal directives stipulate that actual evidence that corroborates the claims in the divorce plea must be submitted before the court along with the legal divorce petition. This fact is often stressed upon by the divorce attorneys at Goldstein Bachman and Newman. The legal basis that give a person the right to demand a divorce from their marriage partner, as prescribed by New Jersey Family Law, are enlisted below:- Infidelity by either partner in a marriage gives the victim party the right to ask for absolute divorce.

If the plaintiff has been abandoned by his/her married partner for more than twelve months at a stretch, then the plaintiff qualifies as a valid candidate for absolute divorce. Provided that husband and wife have ceased to live together in the same premises for that period.

- Cruelty that may include mental or physical cruelty that may threaten the health and safety of a spouse or makes it unreasonable and improper for the affected party to continue cohabiting with their spouse.

Only after a period of no less than three months has elapsed, can the victim spouse begin the process of marriage dissolution by filing the official plea for divorce.

The other stipulation which states the grounds for a divorce, that is most commonly used in no-fault divorce, is the gradual falling apart of the marriage. If a person has been living away from their spouse and have discontinued all association with them by mutual consent for a period of 18 months then that person is eligible to file a divorce plea before a court of law. After having lived apart for at least one and a half year it is reasonably improbable that the estranged spouses will be interested in getting back together.

If one partner in a marriage is addicted to drugs and has been so for more than a year without any willingness to mend their ways, then the other partner qualifies to file for an at-fault divorce before a court of law.

- Institutionalization of either spouse for 24 or more months after the marriage and preceding the filing of the divorce complaint about mental illness.

If the spouse of a person has been incarcerated for more than 18 months than they may pursue divorce by filing a case in the Middlesex County court. Due legal procedure requires that the case be filed before the release of the incarcerated spouse and that the plaintiff may not continue cohabitation with their spouse after his/her release.

If deviant sexual acts are forced upon one partner by the other in a marriage, then the victim partner can cite this as a viable reason to file for divorce in a Middlesex court.

- The spouse filing for a divorce is referred to as the plaintiff and the other the defendant.

All records that have a bearing on the ongoing legal procedure must be produced by both litigants and submitted in court. There are about ten to twenty other documents that may be required depending on the nature of the divorce case. However, the divorce complaint and judgement forms are most crucial.

- Division of property is divided in an equitable fashion. This may not mean equal, but it means in a fair manner. The court encourages a couple to reach an agreement regarding the property and debt settlement issues. Goldstein and Bachman

For anyone looking to gather information on how one ought to handle the legal aspect of their divorce, the following link might provide relevant information. It will surely come in handy when you discuss your case with an attorney to seek representation.

 

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Getting A Good Lawyer

divorce-lawyersBeing charged with a crime is usually a frightening experience. To ensure that you are knowledgeable of the charges against you, you should hire a lawyer.

The lawyer will educate you so that you can fully understand all the charges against you. The more informed you will be, the more you will be able to fight the charges made against you.

Another benefit of working with a solicitor is that you have high chances of receiving a reduced sentence or settlement. The solicitor will work with you and guide you on ways in which you can reduce your sentence.

To ensure that you get these benefits, you should hire the right solicitor. One of the best ways of determining whether the lawyer is the right one is to undertake interviews.

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