Federal Law, Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, require employers to treat male and female employees equally in the workplace, not just in terms of pay, but to all forms of compensation, and terms, conditions or privileges of employment, transfers, or promotions. An employer cannot deny women equal […]
Can Mandatory Overtime Be an Essential Job Function? The 11th Circuit Says Yes
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 […]
Why You Need To Understand Employment Laws
Sometimes employees, and even employers, forget what the appropriate behavior for work is, and end up saying or doing something during work hours that can land them in a lot of trouble. This is why it is critical that you understand employment laws and what is acceptable behavior at work. It is also important to recognize when you […]
Being Sexually Harassed at Work?
When it comes to understanding what an employee should do if they are being sexually harassed at work, many of them are too worried that they will be a victim of retaliation, or be seen as a liar, that they often neglect to report it. However, it is critical that they do so, and in a […]
Supreme Court Will Decide: Are Car Dealership Service Advisors Entitled to Overtime
Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here. The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service […]
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 […]
Retaliation and Your Rights
Retaliation is when an employer takes an adverse action against an employee that negatively affects their employment, but only when he or she has exercised one of their legal rights. Here is how to help you understand if you are a victim of retaliation and your rights. The following actions are considered adverse: Termination, demotion, or suspension […]
Hiring An Employment Attorney
In today’s world, where lawsuits have become a common thing, it is important to know whom you can turn to and trust in the event you are filed with a lawsuit. Regardless of the situation you may be facing, an employment attorney can help you. There may be many occasions in which you may need to seek […]
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 […]