When Should an Employer Pay Overtime Wages
Did you know that both state and federal law requires most employers to pay overtime? The overtime wage is also regulated by the law and should be 1.5 times employee’s hourly wage.
The fact that overtime laws contain âexceptionsâ known as exemptions leave some confused as to when an employee is e…
Sexual Harassment in the Medical Field
Gender inequality has existed in the medical field for centuries. It took until the mid-1850s before the first woman was admitted to a medical school in the U.S., and Harvard Medical School didnât admit a female student until 1936. Today, there are roughly the same number of men and women attending medical school. But despite reaching parity at the academic level, women still only make up approximately one-third of the nationâs physicians.
When is Terminating an Employee Illegal?
If you are an at-will employee, your employer can fire you at any time, for any reason. That is, unless the âreasonâ you are fired is illegal. The law prohibits employers from firing employees based on certain justifications or reasons.
Illegal Reasons for Firing an Employee:
Discrimination – Em…
5 Major Concerns Executives Facing Career Changes Often Overlook
Companies hiring at the executive level are seeking top producers with connections in the industry. To receive a desirable offer of employment at the executive level, you need them to identify you as the person who is best qualified to satisfy their specific needs. The company is going to offer t…
Protect Yourself and Your Career from a Hostile Work Environment
Are you experiencing an illegal hostile work environment? Facing an illegal hostile work environment each day takes its toll. If you aren’t careful, your work productivity, your health and even your personal relationships can suffer as a result of prolonged exposure to such an environment. Take a…
Does the Family and Medical Leave Act apply to Members of the Military?
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 designed to allow covered employees to take unpaid and job-protected leave for qualified medical and family reasons. Under the FMLA, covered employees may take off up to 12 weeks per year to care for themselves or eligible family members. The law was intended to balance the demands of the workplace with the needs of families, and although the FMLA does not require employers to provide paid leave, employers can do so voluntarily. In addition, employees may substitute any paid leave they have accrued for FMLA leave.
What is a Hostile Work Environment?
Global competition, extremely competitive marketplaces, and a 24/7 culture mean that greater demands are being made on employees. The increasing demands on employees at all levels of organizations have led to increasing instances of what is referred to by employment law professionals as a hostile…
What Type of Employee Can Qualify for FMLA Protections?
The Family and Medical Leave Act (FMLA) provides a way for employees to balance their work and family responsibilities. It requires employers to provide employees experiencing certain qualifying circumstances with unpaid, job-protected leave. FMLA is designed to promote job and family stability a…
The Difference Between Exempt and Non-Exempt
Any employer in today’s marketplace has likely heard of exempt versus non-exempt employees at least once because all employees fall into one category or the other as required by the Fair Labor Standards Act or FLSA. The most basic difference between the two employment classifications is that exem…
Alabama Housing Discrimination Lawyer
The Federal Fair Housing Act protects the rights of individuals to obtain access to housing without discrimination. Housing discrimination is also illegal under Alabama law. Building owners, landlords, homeowners, and others involved in the housing industry have an obligation to comply with federal and state fair housing laws. When these laws are violated, legal remedies are available to compel offenders to alter their policies and practices, and in some cases, pay monetary damages to victims of discrimination.
Are You Misclassified by Your Employer?
Did you know that being classified as an independent contractor can lead to wage theft? If you don’t know whether your employee has misclassified you as an independent contractor, you could be losing money from every paycheck without even realizing it.
Businesses seeking any way to increase profi…
What is Employment Discrimination?
It is illegal to discriminate based on a protected characteristic at any level of employment. Illegal workplace discrimination actually encompasses all aspects of employment from hiring to active employment to firing. Employment discrimination occurs when a job applicant, employee or terminated e…
When Should You Call an Executive Compensation Attorney?
Today’s modern business executive is given high levels of responsibility, including handling high-pressure situations and being held accountable for significant portions of company assets, staff and productivity levels. When an experienced business executive plans to leave a comfortable state of …
What is Workplace Retaliation?
Do you know what actions can be categorized as illegal workplace retaliation? What exactly is illegal workplace retaliation? When is an adverse action not considered illegal retaliation? These are important questions to ask yourself as an employee in the modern workplace. In the simplest terms, i…
Sexual Harassment in the Restaurant Industry
Sexual harassment is particularly common in the restaurant industry. In the service-oriented industry, employees (i.e. waitresses, bartenders, hosts, dishwashers, bussers, etc.) hear the frequently repeated motto that the customer is always right. This leaves tip-waged workers subject to enduring…
Are You Being Discriminated Against in the Workplace?
Are you being discriminated against on the job or do you just have some disagreeable co-workers? Do you have a boss that is cranky and taciturn, or do you have a boss that mistreats his employees because of protected characteristics? No one likes to work alongside unpleasant co-workers or for a b…
Were You Wrongfully Terminated Due to Pregnancy?
Sadly, there are some employers who simply aren’t able to feel congratulatory when one of their employees is pregnant. These employers tend to focus more on the possibility that the employee’s pregnancy may increase their need for time off and/or alter their ability to fulfill their job duties. S…
HR Employees can be victims of Retaliation, Too
Many employees view Human Resources as the enemy, helping management to carry out unfair or discriminatory policies. Did you know that Human Resources employees who advocate for employees can be the victims of retaliation themselves?
Are Employers Required to Pay Overtime?
Overtime laws are detailed in the Fair Labor Standards Act (FLSA). The U.S. Department of Labor is responsible for interpreting the law and setting the specific rules for businesses to follow. These rules designate when employers are required to pay their employees overtime, the rate of pay they …
How Does the FMLA Protect Employees?
The FMLA, or Family and Medical Leave Act, is a federal law that guarantees 12 workweeks of unpaid leave per year without any threat of job loss to certain employees. Employers covered by the law are also required by the FMLA to maintain the employee’s benefits while they are on FMLA leave, just …
5 Ways to Identify Age Discrimination in the Workplace
The Age Discrimination in Employment Act (ADEA) has been around since 1967. And while this law was a good step in protecting workers from age discrimination, this type of discrimination is still widespread among employers. In todayâs workplace, employers do not come right out and say, âyouâre too oldâ. Discrimination is much subtler, making it harder to identify and prove.
I Believe my Rights have been Violated in the Workplace – What Can I do About It?
Employees who face a difficult work environment are typically under a great deal of stress, and they often have a hard time focusing on their jobs. This could be due to disagreements, disputes, or hostility from a manager, supervisor, co-worker, or multiple parties. Workplace challenges can sometimes be chalked up to personality clashes, differing worldviews, and other common sources of conflict. However, when those disputes arise because of an employeeâs membership in a protected class like race, sex, pregnancy religion or national origin, employers and co-workers may cross the line into violating the law.
State’s weak response to sexual harassment makes reporting risky
Read this article about, the state’s weak response to sexual harassment which makes reporting risky.
Click here.
Should I Stay or Should I Go? Resign or Wait For Termination
Most people who call our office are at their witâs end. They think they a termination is coming, they are being harassed, or worse; their employers are making them choose between termination or resigning. Employees who feel that they are victims of discrimination often wonder what they should do. The answer depends on the facts of each case, but as a general rule, when it comes to pursuing a legal claim, it is often best to stay put.