Results for Employment Law

If you are in business long enough, and you are successful, chances are you are going to face at least one EEOC Complaint, because success attracts lawsuits. Having an experienced employment lawyer, versus not, can either make it a slightly unpleasant experience, or a very expensive, extremely unpleasant, experience.

The question, “can I require my employees to be vaccinated for COVID,” does not have a yes or no answer. Like most things in employment law the answer is, it depends. The EEOC has released new guidance on the issue, and what is clear, is that most, but not all, of your employees, can be required to get a COVID Vaccine.

For the first time in our nation’s history there is a federal general paid leave act. While, the Family Medical Leave Act (“FMLA”) provides unpaid leave, it is only with the enactment of The Families First Coronavirus Response Act (“Act” or “FFCRA”)), signed March 18, 2020, that there is a requirement if an employee misses work, for certain Coronavirus related issues, he or she will be paid something under certain circumstances. Or at least that applies to some people, the actual percentage of the economy affected by the Act is less than half. The effective dates for the FFCRA are April 1, 2020, to December 31, 2020.

Can you, is one question, should you, is another question. There are workers this country needs right now, who are heroes, and whole sectors of the economy on hold. As an employer you need to think of what the public relations issues there are, and the potential for litigation costs, whether that litigation is frivolous or not.

Most restaurants rely on “the way it has always been done,” or the way their POS system is set up, to run a tip pool. Both methods are likely to get you sued, sooner or later, because “the way things have always been done,” or the way your POS system was set up, is not, necessarily, legal.

An Independent Contractor is defined differently under labor laws and the IRS code. If an employee derives a significant amount of income from one or two sources, they are not an independent contractor, under Federal Labor Laws.

Can a Church fire me for having a disability, do churches need to follow the Civil Rights Act or Title VII of that act, does a church have to follow the ADA, does a church have to pay minimum wage and overtime (The Fair Labor Standards Act, FLSA), or can a church discriminate based on sex, are just a few of the interesting questions I get as a labor lawyer. Whether a religious institution must comply with Federal Labor Laws is a complex question, which I will try to bring some clarity to.

Can you be denied a job based on your weight? Do you have to provide accommodations for overweight employees? The answer to the question of can I be denied a job because of my weight, just like the question of do I have to accommodate an overweight employee, depends on what jurisdiction you are in.

Often times employees receive different pay depending on the job they are doing. This creates a legally complex situation when it comes to paying overtime to these employees and doing so in compliance with the Fair Labor Standards Act (FLSA). If the employee worked at two different pay rates, then which pay rate is the overtime calculated based upon? The answer is not simple, in some cases a blended rate may be appropriate, however, courts, including a recent decision by the Fourth Circuit, have been skeptical of blended overtime rates.