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

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...

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

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...

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

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...

Are You Really An Independent Contractor Or “exempt” From Overtime Or Minimum Wage? Lawsuits For Misclassification Soar In Down Economy.

As of July 26, 2012, there have already been 60 more lawsuits (7,064 total) filed under the Fair Labor Standards Act (FLSA) than the entire year of 2011. FLSA Lawsuits Article. The biggest increase in claims results from misclassifications. The two...

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada.

Discriminating against or terminating an employee because he or she is overweight is generally not unlawful. Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations...

The Department Of Labor Issues 16-page Fmla Guide.

The 16-page FMLA guide that the Department of Labor (DOL) says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and...

Is Your Leave Going To Exceed The 12 Weeks Provided By Fmla? You Could Still Be Protected Under The Ada.

It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act. So what can an employee do in this situation? An employee can request an extended leave of...

Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women

Currently, pregnant women are a protected class under the Pregnancy Discrimination Act, an Amendment to Title VII of the Civil Rights Act of 1964. The new bill would extend protection to female employees with pregnancy-related work limitations...

When Is Third Party Retaliation An Actionable Claim?

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII...

Discovery Of Plaintiff Employee’s Facebook And Social Networking Profiles

Interesting article addressing discovery of employees’ social networking pages. People love to share personal information on Facebook. This “oversharing” can be prejudicial in a lawsuit. If you wouldn’t say it at your work or in public, then you...

Testimonials

“Mr. Mansell helped not only me but my family in a time of need. He was extremely helpful, knowledgeable, and caring. I was in an unfortunate situation due to no fault of my own. Mr. Mansell was willing to go the extra mile to help me with legal matters when I felt helpless. I would strongly recommend him to anyone. Thank you Mr. Mansell.”

Mike D., Disabled Veteran, Disability Discrimination

Testimonials

“I owe my job to Mr. Mansell’s work. When I came to him, the writing was on the wall that I would be terminated and I felt there was nothing I could do. Mr. Mansell took an aggressive approach and made my employer back down. It saved my job and let me sleep at night. I really can’t say enough about his approach and knowledge. He truly cares about helping the individuals.”

Mike D., Disabled Veteran, Disability Discrimination

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