On March 30, 2015, the Eleventh Circuit affirmed a lower court’s decision which determined that mandatory overtime was an essential job function – confirming the dismissal of a disability discrimination claim. You can read the opinion here. In 2012, the plaintiff provided a note requesting a lifting restriction of no-more than 15 pounds. The employer reassigned her to […]
CLASS ACTIONS CAN NO LONGER BE “BOUGHT OFF”
The Class action lawsuit, along with the Collective Action lawsuit used in FLSA overtime and wage cases, are critical tools for individuals to be able to vindicate their rights. By taking a small amount of money from a lot of people, a company can make a huge financial difference to its bottom line, without creating […]
Employment Contracts: Should You Sign?
You got the job! Now, here comes the hard part…reading and understanding your employment contract. While you may be thrilled to start your new job, however, it is critical for a you to know what you may be accepting by signing their employment contract. And little do people know, by reviewing and understanding your employment contract before […]
The Laws That Protect Employees’ Rights
There are several federal laws that have been established in order to protect employee rights. The following information will help you to understand your basic rights, as well as the laws that protect your rights as an employee. Basic Employee Rights While not all businesses will qualify for each law, there are basic rights in all workplaces, including: […]
When Can Employees Sue an Employer to Rule a Non-Compete Unforceable
A recent decision by the Federal Court in Chicago suggests that a former employee cannot sue his former employer to challenge the validity of a non-compete agreement if there is no threat that the former employer will seek to enforce it. But as discussed herein, there may be other ways to challenge it. First some […]
When To Consult With An Employment Attorney
It is important to know whom you can turn to and trust in the event your employment rights have been violated, especially when you have taken the appropriate steps to handle your concern but have not been taken seriously. It is often during these occasions in which employees will ignore their concerns simply because they […]
ADA Accommodations – How Much Does An Employer Need to Negotiate with its Employees?
When an employee requires an accommodation in order to perform his job duties, an employer is generally required to engage in a discussion with the employee (called the “interactive process” in legalese). However, the law is far from clear as to when an employer (or an employee) has met the obligation to discuss with an employee about […]
Tips For Addressing Your Concerns With Your Employer
Most companies have a process in which an employee must follow when he or she has a workplace concern. Typically, the first person that your concern must be addressed to is your direct supervisor. While many people feel comfortable speaking with their supervisor, many others may not, especially when it comes to addressing concerns like workplace […]
Is a Non-Compete De Facto Restraining Order Preventing you From Getting Your Next Job
Employees often sign non-compete agreements as a matter of course when they take a job. They then work for a period of time for the employer without concern about the non-compete agreement. At some point the employee leaves the job. Whether this is because she saw a better opportunity, was no longer happy at the […]
Do I Need An Employment Attorney?
Employment attorneys specialize in representing employees in contract negotiations, as well as workplace violations. These violations may be issues such as workplace discrimination, sexual harassment, overtime or wage theft, as well as civil rights violations. While most people will not need the assistance of an employment attorney, there may be some occasions in which you may need […]