Employment Law Blog

FedEx and the Growing Trend of Wage Theft

When employers fail to pay minimum wage or overtime compensation to its nonexempt employees, it is considered wage theft. This misconduct is a violation of the Federal Fair Labor Standards Act (FLSA), ...
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Oakland Raiders Settle Minimum Wage Claim for $1.25 Million

For four NFL seasons, beginning in 2010, 90 Oakland Raiders Cheerleaders claim they were denied minimum wage by the Oakland Raiders football franchise. They filed suit in January complaining that they ...
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Can I Settle a Wage Claim under FLSA?

If you are a non-exempt employee, covered by the Fair Labor Standards Act ("FLSA"), and you have not been paid the required federal minimum wage, or earned overtime pay, then you may have a ...
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Truck Drivers Cannot be Fired for Refusing to Drive in Hazardous Conditions

It is not uncommon for commercial truck drivers to be required to work rigorous schedules or to drive in undesirable weather conditions. However, when a truck driver's safety is being threatened, ...
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Are Employment Contract Terms Negotiable?

Employment contracts are not all that common, especially in "at will" employment states like Alabama. But, if an employer is willing to enter into an employment agreement of some type, it is ...
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When Is the Right Time to Mediate?

Most lawyers and mediators have their own list of elements that are essential to a successful negotiation of legal claims. These lists are generated after years of experience litigating and settling ...
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Is Your Non-Compete Agreement too Broad?

In the employment world, covenants or agreements not to compete have become more and more popular over the years. Likewise, the prohibitions employers are including in these agreements seem to be ...
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Not Being Paid for Overtime Is Illegal

Working long hours can be tiring, but it can also mean increased income, especially for those who get paid an hourly rate. For some, the time and a half that employees can expect for overtime is ...
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Court Finds Three Years of Retaliation Sufficient to Support FMLA Claim

Usually, one of the toughest elements to prove in a retaliation case is causation. "Causation" means that the employer's unlawful act was the cause of the employee's injury. ...
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Is Protection Against Employment Retaliation Expanding?

It seems that employment retaliation claims are increasing, and courts are becoming less and less forgiving of employers who participate in such unlawful conduct. Even more conservative judges, who ...
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Are Employers Required to Accommodate Pregnant Employees?

Most of us are familiar with the Americans with Disabilities Act and its requirement that employers provide reasonable accommodations for its employees with known disabilities. Under the ADA, a ...
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How Does Winning my Unemployment Compensation Hearing Affect my Discharge Claim?

After being terminated from your job, often the next step is filing for unemployment compensation. Unfortunately, many employers challenge your eligibility to receive unemployment compensation ...
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Do I Really Have to Give My Employer Two Weeks' Notice?

Employee turnover is common in nearly every field of employment. When employees decide to leave one job and move on to the next, the question often arises regarding whether they are legally required ...
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What is "Me Too" Evidence and Why Can't You Use it to Prove a Hostile Work Environment?

Based on statistics from the EEOC, racial harassment cases have more than doubled since the early 1990s. It is unthinkable that anyone would have to work in an environment where the "n-word" ...
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Why You Might Need an Attorney at Your Unemployment Compensation Hearing

If you believe you have been wrongfully terminated from your employment, based on discrimination or some other illegal reason, and you file for unemployment, your employer may appeal any award of ...
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Is My Employer Required to Pay Me for Vacation or Sick Days When I End My Employment?

Is My Employer Required to Pay Me for Vacation or Sick Days When I End My Employment? Generally speaking, there is no law that requires a private employer to compensate an employee for accrued ...
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When do Statements in an Employee Handbook Create an Employment Contract?

Though most employers do not intend for the statements in their employee handbooks to create an employment contract, the language they use may form the basis of an implied contract. Sometimes, a ...
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Why Do Employers Retaliate Against Workers Who File Workers' Compensation Claims?

The purpose of the workers' compensation benefits program is to allow workers to be compensated for injuries they sustain at work, without having to prove fault. The benefit of this program for ...
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Can I Be Required to Arbitrate a Worker's Compensation Retaliation Claim?

If you signed an arbitration agreement that broadly covers "employment-related issues," then most likely you can be forced into arbitration. Many employees have attempted to fight being ...
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What You Should Know About Mediating Employment Cases

It seems that mediation has begun to emerge as the preferred form of alternative dispute resolution in employment discrimination cases. There are certainly advantages for both parties, including more ...
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Is it Difficult to Challenge a Poor Performance Evaluation from my Employer?

In nearly every employment discrimination case, the defendant employer alleges that the employee filing the lawsuit engaged in some type of conduct that led to the discipline or termination of which ...
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Can Someone Be Terminated for Being an Alcoholic?

Consider an employer suddenly faced with the admission of an employee that he is an alcoholic. It would be reasonable for the employer to become concerned about that employee's ability to perform ...
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Are Complaints Made on Facebook Enough to Give an Employer Notice of Harassment?

That is the issue being decided by the U.S. Supreme Court in the next few days. This decision will no doubt have an impact on employment discrimination and retaliation laws in our country. The issue ...
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Parental Leave Work Policies: A new Source of Workplace Discrimination

Employers are not required by any law to provide paid leave to a parent after a child's birth. The Family and Medical Leave Act only requires that leave be provided after the birth of a child. It ...
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Company-Wide Gender Discrimination Leads to Class Action Lawsuit

You may not be surprised to hear about a business paying men more than women to do the same job, or giving all of the promotions and management jobs to the male employees, regardless of qualifications ...
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