Bullying in the Legal Workplace
Bullying has always been a major issue among school kids. And from old-fashioned schoolyard bullying to cyber-bullying, the topic of bullying in schools has been widely discussed, debated, and in many cases, acted upon in recent years. What is not talked about as much is bullying in the workplace, and in particular, the legal workplace.
What Women Need to Know About Equal Pay Claims
Pay discrimination claims can be brought under Title VII or the EPA, or both, but there are strategic features of each that must be considered. EPA claims left to languish during long EEOC investigations may be lost forever. If you believe you have an equal pay claim, talk with an attorney sooner rather than later so that you don’t risk losing any rights.
Are There Legal Reasons Why a Landlord Can Reject a Potential Tenant in Alabama?
Tenants (both prospective and current) are legally protected from various forms of discrimination under the federal Fair Housing Act. Alabama does not have a state Fair Housing Act, so tenants in the Yellowhammer State must look to the federal Act for protection. Although tenants have protection from certain types of discrimination, there are some legal reasons why a landlord can reject them.
Can I Be Forced to Participate in Tip Pooling?
The short answer is yes. Federal law does allow employers to require employees to participate in tip pooling, as long as the tip pool is legal. If your employer has implemented an illegal tip pool, then you are not required to participate in it, and you may also be able to take legal action against your employer. If you suspect that you are being forced to participate in an illegal tip pool, get in touch with an experienced employment law attorney to discuss your legal rights and options.
Sexual Harassment Part 6: Sexual Harassment in the Legal Workplace
In our series on sexual harassment in the workplace, we have looked at several industries that are different from one another but are similar in the fact that far too many of their workers are bullied or harassed because of their gender. In our final installment, we are going to look at sexual harassment in the legal profession.
Sexual Harassment Part 5: Sexual Harassment in the White-Collar Workplace
Previously, we have discussed sexual harassment in the medical industry, hospitality industry, retail industry, and manufacturing industry. Today, we are not going to focus on a particular industry, but on those who typically work in a professional office environment. Another term commonly used to describe this area would be the “white-collar” workplace.
New Federal Law Prohibits Tip-Pooling with Management for All Employers
In many professions, workers depend heavily on tips to earn a livable income. This is especially true in the hospitality industry, where bartenders, waiters and waitresses, delivery drivers, hotel maids, and many others derive the vast majority of their income from tips. Some employers pay less than the minimum wage to employees who earn at least $30.00 per month or more in tips if these employees are able to make up the difference through their tip income, and as long as the employer is in compliance with the Federal Labor Standards Act (FLSA).
Holding Governments Agencies Accountable for Race Discrimination
Each year, tens of thousands of racial discrimination complaints are filed against employers throughout the country. Under federal law, employers with 15 or more employees are not allowed to discriminate on the basis of race or any other protected class. Sadly, more than a century and a half after the civil war, minorities still do not receive equal treatment in the workplace.
Sexual Harassment Part 4 – Sexual Harassment in the Manufacturing Industry
In the first three articles in our series on sexual harassment in the workplace, we have looked at the medical industry, hospitality industry, and the retail industry. This time, we will take a look at another working-class industry that does not receive very much attention with regards to sexual harassment; the manufacturing industry. Like the others we have talked about, women in this industry frequently have to endure a hostile work environment in which they often feel like they have very little recourse when they are being harassed.
Sexual Harassment Part 3: Sexual Harassment in the Retail Industry
Last month, we talked about sexual harassment in the hospitality industry and the unique circumstances that put hospitality workers in greater danger being harassed or sexually assaulted on the job. This time, we will look at another working-class industry in which a high number of workers are subjected to sexual harassment; the retail industry. According to CBS MarketWatch, retail is second only to the hospitality industry for the number of sexual harassment charges that are filed each year.
Guard Misconduct in Alabama Prisons
Prison can be a very frightening place. Most prisons are overcrowded, and there is often rampant violence among inmates, which can cause those inside sink into utter despair. In this type of environment, it is very easy for those in authority to become corruptive and engage in abusive behaviors toward inmates.
Forced Arbitration in Law Firms
For decades, most big law firms have required new attorneys and other employees who become part of the firm to sign a mandatory arbitration agreement as a condition of employment. By signing a mandatory arbitration clause when someone is hired, the employee forfeits their right to settle any disputes with their employer in court. Instead, the dispute is handled through binding arbitration, overseen by a (supposedly) neutral, third-party arbitrator.
What are the Most Common Violations against Tip Earning Employees?
Waiters, waitresses, bartenders, delivery drivers, and many others in the hospitality industry depend on tips for their living. In fact, many tipped employees earn more in tips than they do with their hourly wage. These workers are typically paid no more than minimum wage, and in many cases, establishments pay them below minimum wage.
What Type of Company is Subject to Compliance with FMLA?
First things first: if you are an employer, you should determine whether or not your company is obligated to provide FMLA (Family and Medical Leave Act).
Is Your Company Covered by the FMLA?
Number of Employees:
The FMLA generally applies to employers with 50 or more workers on payroll. This incl…
Should I File a Discrimination Complaint with my Employer?
Do you have an illegal discrimination complaint against your place of employment? Are you considering whether or not you should file your discrimination complaint? Are you worried that it might not be worth the risk? You may feel wronged but may be afraid to file a discrimination complaint for fe…
Are Salaried Employees Exempt from Overtime Pay?
Even some employers are confused about whether or not salaried employees are legally required to be paid overtime. As a rule, small business owners who limit overtime pay to non-salaried employees eventually discover that being on salary is only one of a number of elements that determine whether …
Sexual Harassment Part 2: Sexual Harassment in the Hospitality Industry
Last time, we talked about sexual harassment in the medical field and the dire need for reforms to give female health professionals a safer work environment. This time, we turn our attention to another industry that is in badly need of reform; the food and beverage/hospitality industry. For as long as there have been bars, restaurants, hotels, and resorts, owners of many of these businesses have used a sexual undertone to attract customers.
2 Common Types of Workplace Retaliation
Many assume that if they were to experience illegal workplace retaliation, they would know it was happening. In many cases, the employee is aware of the situation, and they seek justice through legal means. But what happens when an employee isn’t aware that what they are enduring is actually ille…
What Qualifies as Sexual Harassment in the Workplace?
It can often be difficult for someone experiencing uncomfortable situations at work to decide if what they are experiencing is sexual harassment. What is considered sexual harassment? How does it differ from other, seemingly similar forms of behavior that are classified as non-sexual harassment?
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Workplace Harassment: What Sort of Evidence Should Be Reported?
When you have experienced illegal workplace harassment, the need to prove you have been wronged can seem completely unfair. It can feel as if everyone is insisting that nothing happened when you are positive that your rights have been violated, and they have been. Illegal workplace harassment is …
Man Fired Days After Revealing Autism Diagnosis to Employer.
Barrett & Farahany LLP was featured in a First Coast News article and video regarding a man who was fired just days after receiving an Autism diagnosis, and has since taken Camden County to trial.
For the whole article and news story, please click here.
Sexual Harassment: Watch for Warning Signs
Since the #MeToo movement, both employers and employees are more aware of sexual harassment in the workplace. One of the messages that the social movement made clear was that those who engage in sexual harassment need to be held accountable for their behavior. Many employers responded with more s…
What To Do When You Require Long-Term FMLA Medical Leave
When you or someone you love is experiencing a serious health problem and it requires you to take extended time off from work, the stress and worry about retaining employment can add unnecessary difficulties to an already difficult situation. The Family and Medical Leave Act (FMLA) can often help…
How to Identify Wrongful Termination
Have you been fired from a job? If so, do you know if your termination was legal? A wrongful (i.e, illegal) termination occurs when an employee is fired in violation of federal, state or local laws, or the terms of their employment contract.
Were You Wrongfully Terminated from Your Job?
Was it D…