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October 2023

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada?

Blog, Discrimination, Employement /

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. Certainly, no one […]

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada? Read More »

Do You Make Too Much Money To Be Entitled To Overtime Under The Flsa? Information On The Highly Compensated Workers Exemption.

Blog, Employement, FLSA /

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

Do You Make Too Much Money To Be Entitled To Overtime Under The Flsa? Information On The Highly Compensated Workers Exemption. Read More »

Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)?

Blog, Discrimination, Employement, General, Law Firm News, Title VII /

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

Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)? Read More »

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?

ADA, Blog, Discrimination, Employement, FLSA, FMLA, General, Law Firm News, Title VII /

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

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? Read More »

Aggressive Employment Lawyers

Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)?

65 Comments / Blog, Discrimination, Employement, FMLA /

Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or her

Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)? Read More »

How Will The Supreme Court’s Opinion In Genesis Impact Flsa Collective Actions?

Blog, Employement, FLSA /

Take Aways: 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

How Will The Supreme Court’s Opinion In Genesis Impact Flsa Collective Actions? Read More »

Home Health

Are You Protected From Discrimination If Someone You Care For Has A Disability?

ADA, Blog, Discrimination /

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

Are You Protected From Discrimination If Someone You Care For Has A Disability? Read More »

Work Clock and Cash

Can An Individual Be Liable For Unpaid Wages?

Blog, Employement, FLSA /

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

Can An Individual Be Liable For Unpaid Wages? Read More »

Bonuses

Do You Receive Bonuses Or Commissions? You Might Be Owed Wages

Blog, Employement, FLSA, Retaliation /

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

Do You Receive Bonuses Or Commissions? You Might Be Owed Wages Read More »

Mansell Law Recognized

Mansell Law Recognized By U.s. News As Best Law Firms In America

Blog, Discrimination, Employement, FLSA, FMLA, General, Law Firm News, Lawyers /

Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing.  To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm.

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