Sexual harassment in the workplace can come in a variety of different forms. Since most people are unsure of what sexual harassment look like, identifying a situation in which there may be sexual harassment it is not always easy. The following are examples of possible sexual harassment situations: Unwanted and continuous requests for dates Sexual advances made by […]
Can I Sue For Discrimination And Harassment?
When it comes to workplace issues like discrimination and harassment, may people think that they can immediately file a lawsuit against their employer. However, there are steps that need to be taken before a lawsuit can be filed. While there is a small chance that these steps will improve your situation, or stop the discrimination or harassment, […]
Are You A Victim Of Wage Theft?
Wage theft has once only thought to be something that affects low-wage service employees. This workplace issue, however, has now become a common issue for working Americans everywhere. Wage theft can mean that an employee is not receiving the correct wages, not receiving their overtime pay, or even not receiving their pay at all. Understanding Wage […]
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 […]
Is A Salaried Employee Eligible For Overtime Pay?
Often times, salaried employees have misconceptions when it comes to overtime, and if they are qualified or not to receive overtime pay. While most salaried employees are exempt from overtime, salaried employees may also be eligible for overtime, but only in the following situations. For salaried employees who are qualified and entitled to overtime pay, their overtime […]
DOL Issues Final Rule for FMLA Leave – Same-Sex Marriage Will be Recognized (UPDATE: Texas Court Has Issued an Injunction Halting DOL’s Enforcement
The FMLA provides leave to care for serious medical conditions of certain family members including spouses. In the past, it was clear that a husband could take FMLA leave to care for his wife (assuming her condition met the requirements of the FMLA) and vice versa. But for same-sex couples, the answer to that question depended on […]
Things To Know Before Signing A Non-Compete Agreement
Many companies require employees to sign a non-compete agreement when being hired. These agreements are most often used to protect a company’s processes or inventions, as well as keep important information confidential. However, it is important for an employee to fully understand a non-compete agreement. Here are a few things they should know before signing a non-compete agreement: […]
Sexual Harassment: Understanding The Two Types
Sexual harassment is a continued issue in today’s workplace, often resulting in one of the most filed complaints and lawsuits against employers. With this being a major violation of employees’ rights, it is important to understand what sexual harassment is, especially since there are two types of sexual harassment violations. Quid Pro Quo Sexual Harassment Quid Pro Quo […]
Supreme Court Backs the Department of Labor: Interpretations by the DOL are Not Subject to A Notice and Comment Process
In March 2010 the DOL of Labor issued the Administrator’s Interpretation No. 2010-1 (the “Interpretation”), which provided an interpretation that employees who perform the “typical” duties of a mortgage loan officer employee do not satisfy the duties requirements of the FLSA’s administrative exemption. In so doing, the 2010 interpretation withdrew a 2006 opinion letter that reached […]
Have I Been Wrongfully Terminated?
In many states, employment relationships are considered as “at will.” This allows for the employer or employee to terminate employment with or without a cause for reason, as long as there is no violation of federal, state, or local anti-discrimination laws. Have I Been Wrongfully Terminated? If an employee has been discriminated against and was terminated, […]