Results for Employment Law

Reimbursement For Coronavirus Paid Leave

For the first time in our nation’s history there is a federal general paid leave act. While, the Family Medical Leave Act (“FMLA”) provides unpaid leave, it is only with the enactment of The Families First Coronavirus Response Act (“Act” or “FFCRA”)), signed March 18, 2020, that there is a requireme...

Answers for employers about COVID-19

Can you, is one question, should you, is another question. There are workers this country needs right now, who are heroes, and whole sectors of the economy on hold. As an employer you need to think of what the public relations issues there are, and the potential for litigation costs, whether that li...

Tip Pooling is one of the top ways to get sued for violations of The Fair Labor Standards Act (FLSA)

Most restaurants rely on “the way it has always been done,” or the way their POS system is set up, to run a tip pool. Both methods are likely to get you sued, sooner or later, because “the way things have always been done,” or the way your POS system was set up, is not, necessarily, legal.

Most Independent Contractors are really employees, employers misclassify and that can lead to A costly Labor Lawsuit

An Independent Contractor is defined differently under labor laws and the IRS code. If an employee derives a significant amount of income from one or two sources, they are not an independent contractor, under Federal Labor Laws.

Do Churches need to follow Federal Labor Laws?

Can a Church fire me for having a disability, do churches need to follow the Civil Rights Act or Title VII of that act, does a church have to follow the ADA, does a church have to pay minimum wage and overtime (The Fair Labor Standards Act, FLSA), or can a church discriminate based on sex, are just...

Is Obesity Covered by the ADA

Can you be denied a job based on your weight? Do you have to provide accommodations for overweight employees? The answer to the question of can I be denied a job because of my weight, just like the question of do I have to accommodate an overweight employee, depends on what jurisdiction you are in.

Mixed Rates Of Pay & The Fair Labor Standards Act

Often times employees receive different pay depending on the job they are doing. This creates a legally complex situation when it comes to paying overtime to these employees and doing so in compliance with the Fair Labor Standards Act (FLSA). If the employee worked at two different pay rates, then w...

Just because someone is A Manager does not mean they do not need to be paid Overtime under the FLSA

That amount is likely to be doubled by the Court within the two months, or so, because under the FLSA the amount the jury awards is often doubled as a legally mandated penalty against the employer. The issue is that the employees suing Stake ‘N Shake were managers, and they were still entitled to ov...

Immigration and Customs Enforcement (ICE) Arrests Are Up Over 700% in 2018, If You Employed Illegal Workers You Need a Good Federal Employment Attorney on Call Now More than Ever

Hiring illegal immigrants exposes your business to serious liability issues that could end in Federal Charges, but at a minimum result in hefty fines and a shutdown of your business for a period. ICE has had a record year with more than 6,848 investigations in 2018, compared to 1,691 investigations...

A written Americans with Disabilities Act (ACA) Policy essential to protect your Business against Lawsuits

The word disability has a very broad meaning under the ADA, and conditions you would not think are disabilities can lead to costly lawsuits if an employer does not have a policy to properly handle ADA Accommodation requests by employees. Believe it or not, an appellate court has held an employer lia...