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Employment law issues include job discrimination claims related to sexual harassment, age, race, gender, pregnancy, glass ceiling, and disability. Employment law issues may also include employment contracts, manager wage & overtime claims, breach of contract claims, non-compete clauses, wrongful termination, whistle blowing, and much more. The relationship between employers and employees in the workplace is governed by statutory and case law requiring expertise to navigate employment issues. The attorneys at Lubell Rosen represent employees and employers in all aspects of employment law, including litigation of employment disputes.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) was passed by Congress in 1938 in an effort to protect employees from potentially abusive practices by employers. Although the FLSA has been in existence for over sixty years, many employers and employees do not understand when the FLSA is triggered or the application of the regulations interpreting the FLSA.
In many instances, an employer and employee may mistakenly believe that because an employee is paid a salary, that the employer is exempt from the provisions of the FLSA. However, the FLSA regulations provide for a much wider range of covered or non-exempt employees.
The FLSA carries with it substantial penalties for violations of its provisions, often including the payment of overtime claims with penalties, damages and attorneys fees. Also, although ordinarily protected by the corporate structures in other matters, individual employers and managers can be personally liable for violations of the FLSA.
Our FLSA attorneys represent employers in FLSA compliance matters and FLSA litigation. We help employers understand the FLSA and put in place safeguards to avoid FLSA liability. We apply that expertise to effectively represent employers who find themselves sued by individual or groups of employees.
We also represent employees enforcing the FLSA to obtain the overtime pay and wage claims to which an employee is entitled under the law. Whether it is an individual employee or a class of employees referred to as a collective action, Lubell Rosen has the resources and know-how to fight for employees' rights.
Family and Medical Leave Act
The Family and Medical Leave Act ("FMLA") was passed by Congress in 1993 in an effort to provide employees protection in case they need to take time off from work for their own medical conditions or the medical condition of a family member.
Coverage of the FMLA does not extend to all employees and not all employers fall under the FMLA. The FMLA also does not mandate that the off time will be paid. What the FMLA does provide is time off for certain medical conditions of the employee or a family member. Additionally, the FMLA seeks to protect the covered employee's ability to return to his or her position upon return to work at the end of the leave.
Recent developments of the Act also provide for similar vacation time for families of deployed military personnel under certain circumstances.
Many employers do not recognize their duties under the FMLA, including what events trigger their responsibility to inquire about the employee's condition. Such lack of knowledge may result in liability, even when no harm was intended by the employer in denying the employee's rights.
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