Employment Law Blog

Employer Retaliation in the Form of Poor Performance Reviews

Most employees assume that the performance evaluations they receive from their supervisors are somehow regulated by the law. The truth is, for the most part, performance evaluations are within the ...
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Truck Driver's Termination for Alcoholism Upheld

It is not uncommon for employees with various medical conditions to be victims of different types of discrimination simultaneously. In some cases, discrimination based on a certain medical condition ...
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Will the EEOC File a Lawsuit on My Behalf?

When employees are subjected to harassment or discrimination in the workplace, the first step required to protect their rights to file a charge with the Equal Employment Opportunity Commission (EEOC) ...
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Employee Reinstated by NLRB Despite Making Racist Comments

Can you imagine being at work one day and overhearing a co-worker shouting at black employees, making comments like, "Hey, anybody smell that? I smell fried chicken and watermelon." You ...
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How Does My Employer Calculate My FMLA Leave?

You may already know that, depending on your eligibility and the size of the company you work for, you are entitled to time off under the FMLA (Family and Medical Leave Act) . Based on federal law, if ...
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Employee Fired Because Her Brother Filed an OSHA complaint

Most employees are at least marginally familiar with the concept of whistleblower protection. If you report wrongdoing at the hands of your employer and then you are terminated for doing so, you can ...
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Even in Nursing - Men Get Paid More

Is it possible that, in 2015, after the passing of the Lilly Ledbetter Fair Pay Act in 2009, women are still being paid only 78 cents for every dollar paid to men for the same work? Unfortunately, it ...
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Age Discrimination Rears Its Head in the NFL

It is not uncommon to hear about NFL players "retiring" at what seems like an early age. Certainly, professional football is a sport that takes a toll on the body, making younger players ...
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Are New Mothers Allowed to Take a Break for Nursing?

If you are a new working mom with a full time job, you are probably concerned about what will happen after you return to work from maternity leave. According to the CDC, in 2013 approximately 77% of ...
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National Law Firm Accused of Sexual Harassment

In the employment arena, sexual harassment claims often involve unfair work assignments, sexual propositions, office romances and discriminatory or retaliatory treatment. These common workplace ...
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Can an Employer Require Medical Information About Pregnancy at Any Time?

Under an important federal law known as the Family and Medical Leave Act (FMLA), eligible employees are allowed to take medical leave from work without worrying about losing their jobs. This includes ...
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Manipulation of the Interview Process Could Be Discrimination

Discrimination claims associated with hiring and promotion are often very difficult to prove. If the only evidence you have of discrimination is the comparison of qualifications for a particular job, ...
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Pregnancy Discrimination Cases Have a New Standard

The United States Supreme Court very recently released its opinion on pregnancy discrimination claims in Young v. United Parcel Service. This ruling sets a new standard for proving pregnancy ...
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How Far Can an Employer Go to Prove an "Honest Belief"?

In response to most employment discrimination suits, employers are required to prove that the reason they took an action against an employee was not discriminatory. This is often shown by ...
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Understanding the Direct Threat Defense to ADA Claims

Most employers are aware of the prohibition against disability-based discrimination; however, in nearly all cases where an employer is suspected of discriminating against a disabled employee, they ...
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Filing EEOC Claims: Be Careful What You Agree To at Your Job

Surely you have heard the warning–"read the fine print." Don't dismiss this warning, especially in the context of your employment. While many employers do not create employment ...
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What Happens When an Employee Is Not Ready to Return to Work?

Employees who either suffer workplace injuries or who take FMLA leave are faced with a decision at some point. That is, they must choose whether or not they are ready to return to work. In many cases, ...
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The New Definition of Spouse Under the FMLA

The FMLA, or Family and Medical Leave Act, allows eligible employees of covered employers to take unpaid leave for specified family and medical reasons. The statute also protects those employees' ...
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Fire Chiefs Accused of Sex Discrimination Challenge Own Terminations

Fire Chiefs Accused of Sex Discrimination Challenge Own Terminations In an interesting turn of events, three former fire chiefs of the Monarch Fire Protection District in Missouri filed a lawsuit ...
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Out With the Old, In With the New

Out With the Old, In With the New As Charles Darwin said, "[i]t is not the strongest or the most intelligent who will survive but those who can best manage change." For employees in the more ...
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How Does Inclement Weather Affect Wage & Hour Laws?

How Does Inclement Weather Affect Wage & Hour Laws? Alabama residents may be used to tornados, but snow storms and icy conditions are a different story. Last year we barely survived ...
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Forced Arbitration of Employment Disputes

Forced Arbitration of Employment Disputes Most of us are familiar with the dreaded arbitration agreement, often included in purchase agreements and other consumer contracts. Essentially, the ...
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New Overtime Law for Home-Care Workers Struck Down

New Overtime Law for Home-Care Workers Struck Down Federal laws require employers to pay their employees overtime pay for all work performed that exceeds eight hours a day, or forty hours a week. ...
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Federal Whistleblower Statutes: An Overview

Federal Whistleblower Statutes: An Overview It is important to employment that whistleblower statutes are there to protect employees who choose to do the right thing, when their employers do not. ...
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Are Employer Wellness Programs Discriminatory

Are Employer Wellness Programs Discriminatory The goal of employer wellness programs is to encourage employees to become and remain healthier. Wellness programs are actually very popular. In fact, ...
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