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Do you receive commission, bonuses, or some other sum of money in addition to your regularly hourly pay? If so, is your employer correctly calculating your overtime pay?
Basic Overtime Calculation:
Employers are typically required to pay their employees one and one-half times their regular rates of pay for all hours worked in excess of 40 per workweek.
When can an individual be considered an “employer” under the Fair Labor Standards Act?
Under the Fair Labor Standards Act (FLSA), an employer must pay its employees for all hours worked. The term “employer” is very broad; it includes both companies and individuals “acting directly or indirectly in the interest of an employer in relation to an employee.” An employee can have two or more employers that meet this definition, such as the company itself and an individual that represents the company (typically the company’s owner or upper-level manager). Both the company and the individual can be held liable under the FLSA for wage violations.
I informed my employer that I am the primary caregiver for a person with a disability, and then I was fired. Is this legal?
The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees on the basis of disability. In addition to protecting employees from discrimination based on the employee’s own disability, the ADA also has an “association” provision that protects employees from discrimination based on their known relationship or association with a disabled person. This association provision applies regardless of whether the employee themselves is disabled.
1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim.
2. Going forward, the Court’s holding in Genesis is meaningless because it is premised on the contemplation of a situation that should never arise—at least according to the Dissent.
3. To ensure the best chances of proceeding with FLSA claims, lead plaintiffs in collective actions should file motions for collective certification as soon as possible to avoid attempts to moot the case using offers of judgment.
Who is a “Key Employee” under the FMLA?
Limits on certain employees’ rights to restoration after taking FMLA leave.
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative may have never met the individual. After review the write-ups, HR determines to terminate the individual. Companies then argue, how could the termination be discriminatory or retaliatory if the individual making the decision has never even met the employee being terminated? Clever. But so are Judges.
Continue reading “Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?”
As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I often consult with employees in awful employment situations that have no legal redress. It pains me to tell an individual that, although his/her situation is clearly wrong, the law does not recognize it as unlawful. The two most commons situations that arise are (1) workplace bullying and (2) discrimination based on sexual orientation (discriminating against an employee because he/she is gay, lesbian, bi-sexual, or transgender). Courts, however, are beginning to signal a trend that hopefully Congress will recognize. The future will provide full protection against this conduct but we aren’t there yet. This article focuses on the current protections under the law.
Continue reading “Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?”
The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be paid for all hours worked in a workweek as set forth in the bullet points below.
Continue reading “Do you make too much money to be entitled to Overtime under the FLSA? Information on the Highly Compensated Workers Exemption.”
Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment.
Continue reading “What Medical Exams and Inquiries can an Employer make of an Employee under the ADA?”