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How Can an Attorney Help With a Sexual Harassment Claim Against an Employer?

Mon, 26 Sep 2011 21:15:35 GMT

Facing a sexual harassment situation in your workplace can be difficult, confusing, and emotionally draining. Contacting a lawyer to help you through what is often a maze of administrative agencies, laws, regulations can not only keep you in compliance with all of these rules, but also can help you present the strongest sexual harassment claim possible.

First, there are many different types of laws that can apply to your situation, and it may be

Legal Requirements for Lunch and Break Times

Fri, 05 Apr 2013 17:39:44 GMT

Federal law doesn’t require employers to provide breaks for rest or meals. However, it does regulate how breaks are provided and paid. State law also often provides additional protections to employees regarding break times and requirements.

Most of the federal regulations about break times derive from the Fair Labor Standards Act (FLSA). This law does not protect many salaried white-collar employees, s

Making the Hot Seat even HOTTER:
The Top Ten Illegal Job Interview Questions

Tue, 27 May 2008 19:37:31 GMT

A job interview can be a stressful event. But when a potential employer asks unlawful interview questions, things can go from stressful to illegal. The legality of interview questions is based on federal and local laws, and questions about specific topics (such as race and religion) have been made illegal due to movements such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. If interview questions are relevant to a job, they are usually fair game. If they are n

A Balancing Act: Family and Medical Leave Act Benefits

Thu, 06 Nov 2008 19:42:31 GMT

In 1993, the Family and Medical Leave Act (FMLA) was passed to help employees balance the demands of their jobs and important family issues. It is important for employees to understand their rights under FMLA so that they can appropriately plan for the care of their families.

Who is Eligible for FMLA Benefits?

Eligible employees who work for covered employers are

Do I have to pay my employees overtime?

Fri, 19 Dec 2008 02:31:28 GMT

Generally, if you allow your employees to work overtime, or more than 40 hours in a one week period, the Fair Labor Standards Act (“FLSA”), which is a federal law, requires you to pay your employees premium pay, or at least one and one-half times your normal pay rate, for those overtime hours worked. However, the FLSA contains several exceptions to the overtime pay requirement for certain kinds of businesses and certain kinds of employees. Because overtime pay can cost

Can I Be Fired? Can I Quit? Understanding the Employment at Will Doctrine

Thu, 06 Nov 2008 19:44:08 GMT

In the absence of a formal contract that governs your working relationship with your employer, you are considered an employee at will. Many Americans are employees at will and it is, therefore, important for both employees and employers to understand the concept and a worker’s rights under this work arrangement.

What is Employment At Will?

Unless there is a contract or a collective bargaining agreement th

In this economy, I'm afraid of being laid off from my job. What will I do?

Wed, 31 Dec 2008 01:21:51 GMT

In the case of some layoffs that involve many workers or an entire workplace, the Worker Adjustment and Retraining (WARN) Act may apply. If the WARN Act is applicable, then your employer may have to give you sixty (60) days notice prior to your layoff, as well as information regarding your rights and options. Likewise, your employer may be subject to the Trade Act, which mandates that laid off workers receive certain benefits and assistance.

Employee Rights When a Job Ends

Thu, 11 Dec 2008 00:18:41 GMT

Leaving a job is not easy. If you are fired, downsized or laid off then you are likely nervous about the future and your own financial security. If you are leaving of your own free will to relocate or start a new job you might also be nervous and uneasy. In either case there are things that you need to be aware of so that you receive everything to which you are entitled to by law.

Layoffs

The

Possible Damages for Wage and Hour Law Violations

Tue, 21 Apr 2009 11:48:07 GMT

Most employees make an agreement with their employers that in return for going to work and performing their jobs they will be compensated with wages. The federal Fair Labor Standards Act (FLSA) defines the minimum wage and overtime pay, among other things. Many states have enacted similar laws that regulate the minimum amount that an employee must be paid in return for doing his or her job. Both FL

Am I Eligible for Unemployment Benefits?

Thu, 27 May 2010 09:45:33 GMT

It can be terrifying to lose your job. With all, or a significant portion, of your income gone you may wonder how you are going to remain in your home and how you are going to pay your bills. State unemployment insurance might protect you and temporarily provide you with a percentage of your income if you meet certain eligibility requirements.

Who is Protected from Employment Discrimination?

Thu, 11 Dec 2008 00:41:49 GMT

Most working Americans are employees at will. That means that they may quit or their employer may fire them at any time for any reason or for no reason at all. However, the right of the employer to fire an employee, to refuse to hire an employee or to provide certain employee benefits is not unlimited. The employer must abide by all applicable employment laws that protect employees and potential employees from discrimination.

The Federal

Employee Benefits Required by Law

Thu, 11 Dec 2008 00:43:35 GMT

In difficult economic times, most people are grateful for work. Most of us expect to work harder and to forgo bonuses and other perks. However, there are certain benefits to which all employees are entitled to by law and that should not be negotiable.

Minimum Wage

The Fair Labor Standards Act provides that a federally established minimum wage shall be provided to workers in the public and private

Blowing the Whistle

Thu, 11 Dec 2008 00:45:54 GMT

Most Americans depend on their jobs. For most of us, our job is our livelihood and we are dependent on the money that it brings in to meet our living expenses. For many of us, our jobs are also a source of pride or accomplishment and play a large part in defining what we do with our days. For those reasons, most employees are hesitant to do anything that could cost them their job.

So, what does an honest employee do when he finds out that his employe

Unemployment Benefits

Thu, 11 Dec 2008 00:47:32 GMT

A job loss can be both scary and overwhelming. There are many details to attend to, not the least of which is finding a new job. However, while you search for a new job it is important to determine whether you qualify for unemployment benefits, what those benefits may be and how to obtain them in order to make your unemployed time as secure as possible.

What are Unemployment Benefits?

The Federal -

How to Negotiate a Successful Severance Package

Wed, 01 Apr 2009 01:07:21 GMT

Emotions can run high when an employee is laid off from a job. Many employees want to simply pack up their personal stuff, leave and begin moving on with their lives. However, before they can begin moving on there are certain things that need to be taken care of including negotiating a severance package.

A

Laid Off? Things to Take Care of Immediately

Wed, 01 Apr 2009 01:08:05 GMT

Everyone reacts to a job lay off in their own individual way. Some people panic and try to find another job immediately. Other people relax and take some time off. No matter how you react, however, it is important to take care of certain things that will prove to be important to your future.

Imme

The "For Good Cause" Defense to Employment Discrimination Claims

Mon, 26 Oct 2009 17:03:29 GMT

Employers may not fire employees for discriminatory reasons such as their age, sex, disability, religion, race, or national origin. However, sometimes employers are put in the difficult position of having a valid legal reason for terminating an employee even though the employee may claim that he or she was fired for discriminatory reasons.

How to Deal with Employee Complaints

Thu, 03 Dec 2009 18:39:29 GMT

Every business must know how to deal with employee complaints. Employees may complain that they were unfairly treated, that the company did not follow its own policies, or that the employees were discriminated against in violation of state or federal law. A proper response to an employee complaint can resolve the matter before it becomes costly and cumbersome.

Foreign workers can be an asset to your business. However, if you are interested in hiring foreign workers then you need to know how to do so legally so that the employment relationship can continue, the employee can avoid deportation and you can avoid the legal consequences for illegally employing a foreign worker. Generally, the government will only approve foreign workers to fill jobs that are essent

Confidentiality and Nondisclosure Agreements

Thu, 03 Dec 2009 18:45:41 GMT

There are times when a business or entrepreneur would benefit from sharing confidential and valuable information with a third party. Yet, some business owners and entrepreneurs hesitate because they are concerned about what the third party will do with the information. They do not want the confidential information shared with others or used by the third party for that party’s own benefit.&n

How Much Privacy Must My Employer Give Me at Work?

Mon, 21 Dec 2009 13:26:31 GMT

With the continuing rise of technological innovations in recent years, employers increasingly have the ability to monitor employees in the workplace. As a result, just how far employers can go in terms of monitoring their employees has become a rather controversial issue. In most cases, employees’ personal cell phone usage, personal telephone calls, and text messaging can potentially be legally accessible to employers if conducted in the workplace. Likewise, employers t

Using Your Computer at Work: Your Rights as an Employee

Tue, 22 Dec 2009 02:13:25 GMT

For most workplaces, using computers has become a part of doing business every day. As a result, more and more questions have arisen as to the legal rights of an employee to use his or her work computer for personal purposes. While many employers have developed written policies regarding computer usage by employees that may give some guidance in this area, employers generally have the discretion to monitor and restrict employees’ personal computer usage as they see fit.

Your Privacy Rights - What Do I Have To Tell My Employer?

Wed, 23 Dec 2009 13:48:26 GMT

Employees often wonder whether they are required to disclose certain sensitive personal facts to their employers, and may fear retaliation if they do so. In particular, medical conditions, mental health problems, and involvement with the justice system tend to be issues that employees are unsure about discussing or disclosing to an employer. In terms of medical issues, there are some federal laws that can help you determine whether you are required to disclose a medical condition

Working on Commission – The Basics

Mon, 28 Dec 2009 02:37:17 GMT

Some employees work on commission, either in addition to a salary or hourly wage, or instead of a fixed salary or wage. In most cases, a commission is a sum of money that is paid by an employer to an employee, usually in a sales position, who earns the commission by selling a certain amount of goods or services to a third party. A position based wholly or partially on commission is not required by federal or state law, but is created solely as an agreement between an employer and

Your Legal Rights to Collect Unpaid Sales Commissions

Mon, 28 Dec 2009 02:39:30 GMT

There are a variety of different industries that use commissions as employee incentives, either by creating commission-only positions, or by adding the potential to earn commissions in addition to an employee’s regular salary. In many cases, the company and the employee enter into a detailed, written agreement that defines the amount of and the circumstances under which an employee can earn a commission. In other cases, however, disputes may arise over an employee’s en

Role of Electronic Data in Employment Lawsuits

Thu, 27 May 2010 09:51:32 GMT

What you do on company time and with your work computer, and other electronic equipment, is your employer’s business. Not only does your employer have the right to access your electronic equipment to see how you are spending your time but the information contained on the computer, smartphone and voicemail can later be used as evidence in an employment related lawsuit. Of course, if you were doing

Severance Packages

Wed, 10 Feb 2010 23:58:07 GMT

There are a lot of decisions to be made quickly when your employer informs you that your job is being terminated. Many of those decisions are recorded in a formal severance package. While few employees will walk away with the tens of millions of dollars that Conan O’Brien secured when NBC decided to put Jay Leno back in the late night lineup, the legalities of individual severance packages are no less

Watch your Language at Work

Thu, 10 Jun 2010 16:23:59 GMT

Over the years, and through the course of many sexual harassment lawsuits, there are certain actions and certain words that are easily identifiable as illegal sexual harassment. For example, it is commonly known that a superior may be required to defend a sexual harassment charge if the superior requires an employee to perform sexual acts or touches an employee inappropriately.

It can be overwhelming and terrifying to be fired. Many employees are forced to think about the short term. How are they going to pay their rent or mortgage without their paycheck? How are they going to feed their families? Of course, these considerations are of the upmost importance but there are also other important factors to consider when you are fired. While it may be difficult, it is importan

Wrongful Termination of Employment

Thu, 17 Jun 2010 18:46:14 GMT

In the absence of an employment contract, an American employee is an employee at will. The employee at will doctrine allows employers and employees the freedom to terminate the employment relationship for good cause or for no cause at all. However, it does not allow the employer to fire an employee for “bad” or “wrongful” cause.

Using Incentive Stock Option Agreements to Attract and Retain Key Employees

Thu, 01 Jul 2010 18:49:08 GMT

No matter what the status of current economic conditions, businesses often compete to hire the best, most talented people possible. Employees who are choosing between different companies consider the entire employment package being offered including working conditions, paid time off, benefits and, of course, compensation. Compensation includes not only salary but also bonuses and stock options. Incentiv

How Can A Criminal Record Affect Your Job Application?

Wed, 14 Jul 2010 15:40:05 GMT

A criminal record often puts job seekers in a difficult position. Though they may have officially completed their sentences and paid their debts to society, they may find it difficult to get a job with a criminal record. It is, therefore, important for all job seekers with criminal records to understand what a potential employer may find out about them, when a criminal record may prevent them from g

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Free Labor & Employment Law Articles | Free Labor & Employment Law Legal Articles

How Can an Attorney Help With a Sexual Harassment Claim Against an Employer?

Legal Requirements for Lunch and Break Times

Making the Hot Seat even HOTTER:The Top Ten Illegal Job Interview Questions

A Balancing Act: Family and Medical Leave Act Benefits

Do I have to pay my employees overtime?

Can I Be Fired? Can I Quit? Understanding the Employment at Will Doctrine

In this economy, I'm afraid of being laid off from my job. What will I do?

Employee Rights When a Job Ends

Possible Damages for Wage and Hour Law Violations

Am I Eligible for Unemployment Benefits?

Who is Protected from Employment Discrimination?

Employee Benefits Required by Law

Blowing the Whistle

Unemployment Benefits

How to Negotiate a Successful Severance Package

Laid Off? Things to Take Care of Immediately

The "For Good Cause" Defense to Employment Discrimination Claims

How to Deal with Employee Complaints

Confidentiality and Nondisclosure Agreements

How Much Privacy Must My Employer Give Me at Work?

Using Your Computer at Work: Your Rights as an Employee

Your Privacy Rights - What Do I Have To Tell My Employer?

Working on Commission – The Basics

Your Legal Rights to Collect Unpaid Sales Commissions

Role of Electronic Data in Employment Lawsuits

Severance Packages

Watch your Language at Work

Wrongful Termination of Employment

Using Incentive Stock Option Agreements to Attract and Retain Key Employees

How Can A Criminal Record Affect Your Job Application?

Free Employment Discrimination Articles

Free Equal Employment Opportunity Commission Articles

Free Family Medical Leave Act (FMLA) Articles

Free Sexual Harassment Articles

Free Wages Articles

Free Whistleblowers Articles

Free Wrongful Termination Articles

Making the Hot Seat even HOTTER:
The Top Ten Illegal Job Interview Questions