Entries in the 'Employment Labor Law' Category ↓

From sexual discrimination and harassment to illegal hiring practices to protection from whistle blowing actions, employment law is a fascinating area that covers a breadth of topics.

The U.S. Department of Labor guides much of the labor laws in this country by providing guidelines on what can and cannot be done by employers. According to law, workers cannot be discriminated against based on gender, nationality, disability or age, and yet discrimination surely occurs at all levels of the hiring and employment process. Employment & Labor Laws help protect both employers and employees and govern the court proceedings when someone feels their rights in these areas are violated.

The comprehensive nature of laws in this area cover the hiring and wages of workers, the safety and health standards of the workplace, health benefits, retirement benefits and other forms of compensation, employment contracts, the hiring of non-resident workers, and much more.

Labor laws have been developed to govern the practices within particular industries, such as agriculture, mining, and construction. The Occupational Health and Safety Administration (OSHA) is a federal agency that sets standards and guidelines for manufacturing and other industries with the goal of protecting workers and maintaining a safe working environment.

National Origin Discrimination
The Chief Marketing Officer of a Korean manufacturer of telephone equipment, who had been with the Company for many years and received numerous outstanding performance reviews and awards, was passed over for the position of Chief Operating Officer of one of the Company’s major divisions. While he was employed, he asserted, through counsel, a discrimination lawsuit in NJ, citing national origin discrimination. The Company investigated and although denying liability, gave him a severance package approximating two (2) years compensation, including salary, bonus, incentive compensation, health insurance benefits and a good recommendation. Good faith negotiations were promoted by a comprehensive demand letter sent to the heads of the U.S. and Korean companies. The negotiations were conducted and completed without thirty (30) days.

Shareholder Dispute
NJ employment attorneys of Deutsch Atkins, P.C. successfully defended a business owner in an action by a former investor seeking a fifty percent ownership interest in a limited liability company that they were found to have abandoned when they did not perform their contractual obligation under the investment agreement. On appeal, Deutsch Atkins, P.C. successfully argued that despite a finding that plaintiffs had abandoned the limited liability company and the investment agreement, that defendants were entitled to counsel fees pursuant to a prevailing party clause contained in the investment agreement. A copy of the Appellate Division’s decision in this New Jersey employment lawsuit is available at http://lawlibrary.rutgers.edu/courts/appellate/a4526-05.opn.html.

The EEOC has filed suit against Walmart stating they seeked young males for their order filling positions. Walmart Stores will pay $11.7 million in back wages and compensatory damages, its share of employer taxes, and up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Walmart has agreed to change their policies but at the same time the EEOC should be questioned as to why this occured now. Walmart’s stability in tough economic times is something that is not appreciated by the EEOC. Walmart has given American families resistance to this recession.  The federal government is allowed to audit your business and when this happens prepare to hire an employment attorney.  For example Los Angeles employment laws are very complex and hence lead to confusion so make sure an attorney is there to guide you.

A settlement administrator will distribute the proceeds to eligible class members. Walmart has agreed to pay the first $250,000 of the administration costs.

Hawaii Inmates Removed due to Sexual Assault Allegations

Honolulu criminal defense attorney Myles S. Breiner is representing a Hawaiian woman who was incarcerated at Otter Creek Correctional facility in  Kentucky and has filed a suit against the corporation running the prison. Mr. Breiner’s client is one of 19 women in the facility who came forward with allegations that she had been sexually abused by prison guards.

Hawaii prison officials disclosed that all 168 female inmates at the privately operated Kentucky prison will be relocated due to charges of sexual abuse by the prison guards. Forty of those inmates returned to Hawaii.

Investigators in Hawaii discovered that at least five corrections officials of the prison, including a chaplain, were charged with having sexual relations with the inmates within the last three years, and four have been convicted.

Three cases of rape involving guards and Hawaii inmates were recently turned over to the authorities. Kentucky State Police voiced that another case of sexual assault would lead right to a grand jury.

Tommy Johnson, deputy director of the Hawaii Department of Public Safety said he found that 81 percent of the Otter Creek workers were men and 19 percent were women, the reverse of what he said the ratio should be for a women’s prison. Mr. Johnson asked the company to hire more women, and it began a bonus program to do so.

For Honolulu criminal attorney Myles S. Breiner, “it is important for the clients to have their day in court and it is important to the state of Hawaii that they are responsible for all their citizens.”

Myles S. Breiner – Honolulu Hawaii Criminal Attorney
841 Bishop Street, Suite 2115
Honolulu, Hawaii 96813
Phone: 1-808-526-3426
Fax: 808-521-7680

Atlanta Overtime Lawyer - Mitchell D. Benjamin

Atlanta Overtime Lawyer, Mitchell D. Benjamin, focuses primarily on the practice areas of commercial litigation and wage and hour law in Atlanta. He has represented over a thousand employees in a variety of employment related disputes, including unpaid overtime and minimum wages, sexual harassment, discrimination claims based on race, age, gender, national origin, or disability, and retaliation cases in both the state and federal courts.

He is dedicated to the unique interests of each individual, business, and union that comes to him for help. In addition to litigating employee claims, he uses his mediation skills to resolve claims by settlement and agreement when possible. Although many employment matters do not need to be litigated, Mr. Benjamin will aggressively litigate cases in court when needed.

Mr. Benjamin frequently represents public safety officers, such as police, firefighters, emergency medical technicians and paramedics in overtime cases brought under the Fair Labor Standards Act (FLSA), as well as handling their grievances, appeals, and civil service hearings. He also represents the firefighter unions in the Georgia counties of Gwinnett, Dekalb, Cobb, and Coweta.

In 2008, Mr. Benjamin represented over 600 City of Atlanta police officers in an overtime lawsuit resulting in a settlement of $7,500,000. He has also been hired by proactive businesses and public entities to review their overtime and wage policies to ensure they were in compliance with the law, and to recommend changes to these policies when needed.

Billips & Benjamin, LLP
567 Ladonna Dr.
Decatur, GA 30032
888.426.8240
http://www.paymyovertimelaw.com

Workers Compensation Insurance Providers

All companies are required to carry workers compensation insurance for their employees. Whether your company has only one part-time employee or hundreds of full time employees, your business has to provide workers compensation insurance by law. Similar to insurance that you probably carry for your home or automobile there are companies that specialize in offering employers workers comp insurance, they are called worker’s compensation providers. The law firm of Larry Pitt & Associates, 888-PITT-LAW, can assist clients facing Philadelphia worker compensation claim and settlement issues with their employer.

How to Receive Works Comp Insurance

You should first call several different providers for quotes. Each of your quotes will vary by the insurance provider, but it also is determined by a few other factors. One of the main factors is your company’s classification. Every provider has the same classification system for all different types of business that is mandated by each state. Companies are grouped in a classification that are similar to their type of business. Pennsylvania for example has over 300 classifications of businesses. The classification’s purpose is to keep all the different types of companies on a fair paying scale. For example a logging company could pay more for their classification than a bookstore, because logging companies may have a higher percentage of employees that receive workers compensation, or a higher loss. Your quote will also vary on your company’s payroll and amount of employees that received workers compensation in the past. Compare each quote you receive, just as you would before committing to any type of insurance company, and select the best fit your company.

While almost all companies are required to have a workers compensation provider, there are a few exceptions of types of companies that can be exempt from this law. Contact your state’s Bureau of Workers’ Compensation Claims for more detailed information or visit their website to see the classification system online.

New Jersey Employment Discrimination Lawsuit Case Results  – Employment Lawyers in NJ – Deutsch Atkins

Age Discrimination Lawsuit in New Jersey
Two female anesthesiologists, both of whom had long-term relationships with a local hospital, did not have their contracts renewed, despite the fact that their performances were exemplary. They were independent contractors, not employees. Each were well over 60. They claimed that the reasons for the non-renewal of their contracts related to gender and age. They were successful because of a little known provision of the New Jersey Law Against Discrimination, which makes it unlawful to refuse to contract because of age, race, national origin, disability or gender. The two anesthesiologists received a very substantial settlement for this NJ employment lawsuit after an Appellate Court reversed a grant of Summary Judgment in favor of the hospital.

Disability Discrimination Lawsuit in NJ
A 60-year-old manager of a division of an importer suffered a stroke. While he recovered and was in a position to return to work, his employer of 10 years fired him, allegedly for poor performance. After filing a discrimination lawsuit in NJ, the jury concluded that his stroke was a determinative factor in the employer’s decision to terminate his employment because he was not fired before the stroke, but, only after the stroke. This New Jersey discrimination lawsuit proves the old adage that timing is everything, and can establish that an employer’s seemingly legitimate firing is pretextual. Had the employer offered the employee a reasonable severance package, reflecting his ten (10) years of service in return for a release of his claims as it should have when he was terminated, this case would have been settled without the need for a costly litigation resulting in a several hundred-dollar verdict against the employer.

Employment Lawyers in New Jersey - NJ Employment Discrimination Attorneys of Deutsch Atkins

Workplace discrimination can affect many people, since discrimination can be targeted at a person because of their race, religion, color, sex, or national origin.  Both the employee and employer should be knowledgeable on distinguishing discrimination.

Who gets discriminated against?

Anyone can be a victim of discrimination; however, there are certain forms of discrimination that are more common than others, including:

• Age Discrimination
• Discrimination against pregnant women
• Racial or Ethnic Discrimination which also includes discrimination because of religion
• Discrimination against people with disabilities
• Discrimination based on sex

Federal Law in the Workplace

You may have noticed among the flyers on the bulletin board where you work there are references to the federal laws regarding discrimination.  Although many of us just pass by them to look at the latest news from HR or the company picnic, these laws are very important to protect those that may be discriminated against.  Here are the major ones that everyone should be aware about including:

• Title VII of the Civil Rights Act of 1964 -prohibits employment discrimination based on race, color, religion, sex, or national origin
• Equal Pay act of 1963 protects women from sex-based wage discrimination
• Age Discrimination in Employment Act of 1967 (ADEA), protects individuals who are 40 years of age or older
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), helps qualified individuals with disabilities from discrimination
• Sections 501 and 505 of the Rehabilitation Act of 1973,  also helps those with disabilities from discrimination but who work specifically in the federal government
• Civil Rights Act of 1991 provides monetary damages where intentional employment discrimination occurs.

What do you do when you have been discriminated against?

The best thing you can do is to write down the details of what happened as soon as possible and contact a lawyer for a consultation.  There is a statute of limitations for cases involving Atlanta workplace discrimination, and it is best to not delay before talking to an experienced workplace discrimination attorney in Atlanta.

This article was provided by the Atlanta discrimination law firm, The Reddy Law Firm, P.C.:

The Gates at Sugarloaf
1325 Satellite Boulevard
Suite 1506
Suwanee, Georgia 30024

This post provides information regarding recent high profile employment law cases in the US, involving employment discrimination based on age and race. It is illegal under federal law to hire or terminate an employee based on their age, race, sex, sexual orientation, religious beliefs, or disability.

Ricci v. DeStefano: Employment Discrimination

The Supreme Court recently made a decision regarding Ricci v. DeStefano, a case in which eighteen firefighters of the city of New Haven, Connecticut accused the city of discrimination. The alleged discrimination took place when the applicants were asked to take a test for the purpose of promotion; the results of which were discarded by the city when an insufficient number of minorities scored highly enough for promotion. The Supreme Court ruled that the city of New Haven had violated discrimination laws under the Civil Rights Act of 1964.

Philadelphia Police Allege Workplace Discrimination

In July 2009, CNN reported that a group of Philadelphia police officers had filed a lawsuit regarding racial discrimination in their department. The accusation stems from a privately-run police forum website that allegedly contains racist content. The racially offensive material was both viewed and discussed by co-workers while on-duty or at the workplace, making other officers feel angry, uncomfortable, and marginalized. This type of behavior can constitute workplace discrimination and violates employment law.

Age Discrimination Involving Pro Hockey Coach

Also in July, it was reported that a professional hockey coach’s position was terminated. Comments were made by related representatives that suggested the termination was due to age rather than directly attributed to job performance. Under federal law it is illegal and discriminatory to terminate an employee based on factors such as age, sex, race, or disability.

San Francisco employment law firm of Brownstein Thomas, LLP, 877.214.9714, offers legal advice to both the employers and employees in state as well as federal courts and arbitration proceedings.

San Francisco employment attorneys

New York City Employment Attorney, Derek T. Smith was interviewed for this article regarding New York City employment law.

Courtesy of the NY Daily News:

A luscious Latina who sued the Hawaiian Tropic Zone will leave it to a jury to decide whether she’s “too ghetto” to sling drinks in a bikini at the infamous eatery.

Manhattan Supreme Court Justice Edward Lehner on Tuesday greenlighted the discrimination lawsuit by Melody Morales, who charged that she was denied her dream job because she didn’t “speak white.”

“I don’t think accent should play any role in service at a restaurant where the waitresses serve drinks and meals in bikinis,” said Derek Smith, a lawyer for the top-heavy former Hooters girl.

Morales, 22, sued the Times Square restaurant in January after the stunner with a 34-D cup size says she was twice rejected for a job by managers who didn’t much care for her “Latin accent.”

“They’re going to see that she speaks very well,” Smith said. “And I intend to depose all of the waitresses who work there because I am interested to see how well they speak.”

Lawyers for the recently reopened Hawaiian Tropic Zone had tried to have Morales’ suit tossed – and they strongly hinted that she was a hooker after her photos appeared on what they called “very filthy” Web sites.

Smith insisted that Morales is no call girl – merely a busty beauty who who fantasized about working in a skimpy swimsuit. Morales has boasted that she would have done a “perfect job” because of her ample assets that look good in a bikini.

Read more

Akin & Smith, LLC
305 Broadway, Suite 1101,
New York City (NYC) , New York 10007

How to Protect Your Working Life

The legal difference between a contractor and an employee can have a major impact on how you do business, no matter whether you are a principal, contractor, employer, or employee. The classification of a working relationship impacts the obligations the parties have to one another, the means and methods of completing the work, the obligation to provide certain types of insurance, including workers’ compensation, and the way taxes are calculated and paid.

The main factor in determining whether or not a working relationship is an employer-employee relationship or a principal-contractor relationship is the degree of control the person requesting and paying for the work has over the person who is performing the work.

Contractors generally have a lot more freedom, but, in return for that freedom, the other party does not owe them the same duties one might owe an employee.

What Defines a Contractor?

You are probably working as or with a contractor if the following applies to the party performing the work:

• Payment is received for results achieved
• Provides all or most of the materials
• Can delegate at will or as provided in a written agreement
• Is free to accept or refuse work
• Is in a position to profit or suffer loss

Contractors usually pay their own taxes, cover their own insurance, and are responsible for the welfare of anyone who works for them.

What Defines an Employee?

You are probably working as or with an employee if the following applies to the party performing the work:

• Payment received is for time worked
• Receives paid leave that governs sick or vacation time
• Is not responsible for providing materials or equipment
• Agrees to provide his or her personal services
• Takes no commercial risk without direction
• May not profit nor will suffer loss

The differences between contractors and employers are, for the most part, determined by the nature of the working relationship and the rules in the jurisdiction where the work is performed or the parties are based.

If you’re unsure what your working relationship is, you may want to consult a Walnut Creek employment attorney.