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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...
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...
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...
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...
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...
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...
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...
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...
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...
You’ve most likely heard that there is a major, landmark case that could impact the rights of millions in the LGBTQ community but do you know what is actually going on? We break it down for you here in laymen’s terms! On October 8, 2019, the U.S...
