» Employment Law

Chicago, IL (Law Firm Newswire) February 13, 2015 – A worker and an employer have a contract, regardless of whether a written contract has been signed. A non-written contract exists between any given employer and employee. This agreement holds that the worker performs certain tasks and functions for the employer; in turn, the employer agrees to pay the employee for the work. Therein lies the consent that forms a contract. An employee cannot agree to a contract term that offers them fewer legal rights than they are accorded under the law. “When people think about work contracts, many assume it […]


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Sacramento, CA (Law Firm Newswire) February 11, 2015 – Sexual harassment does not just occur in the workplace. It can happen anywhere, even at a protest march or on a college campus. How did the brothers of the Gamma Alpha chapter of the Delta Sigma Phi fraternity at San Diego State manage to obtain a ban of their group until the fall of 2016? Several of their members allegedly participated in verbally harassing, throwing eggs and waving sex toys at a group of 35 female students taking part in a “Take Back the Night” anti-rape march in November on the […]


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Chicago, IL (Law Firm Newswire) February 6, 2015 – President John F. Kennedy passed Title VII into law over 50 years ago in order to deal with employment discrimination. In some ways, it has kept pace with the times, but in other areas of the law, it has not. “What many don’t realize is that an employer may be held liable for a customer’s discrimination. Consider the case of an Indiana nursing home resident that insisted that only white aides and nurses assist her. The home allowed that to happen,” outlined principal employment attorney Timothy Coffey of The Coffey Law […]


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Sacramento, CA (Law Firm Newswire) February 4, 2015 – Restaurant chain El Pollo Loco owed 69 California workers $145,000 in back wages. The U.S. Labor Department ensured that the workers received their pay, in addition to damages. “Restaurant workers in four different El Pollo Loco locations are to recover $72,613 in back wages and $72,613 in damages for working up to 70 hours a week, in six to seven day stints, without getting overtime pay,” explains respected Sacramento employment attorney, Deborah Barron. This is not the first lawsuit the franchise has been embroiled in. In accordance with the Fair Labor […]


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Austin, TX (Law Firm Newswire) January 27, 2015 – A Texas man has filed a lawsuit against his former employer, claiming that he was fired because of his age. Odell Hyden filed suit against Hagemeyer North America Inc., in the Houston Division of the Southern District Court of Texas. “Age discrimination in employment is prohibited by both federal and Texas state law,” said Gregory D. Jordan, an Austin employment attorney with the Law Offices of Gregory D. Jordan, “but its proof often requires circumstantial evidence. Employers sometimes try to disguise age discrimination by alleging that a long-term productive employee is […]


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Chicago, IL (Law Firm Newswire) January 15, 2015 – Employees are protected from unfair wages and retribution under labor law act. If an employer is not in compliance with the law regarding fair wages for all work performed under the Fair Labor Standards Act (FLSA), an employee has the right to file a wage claim. Workers have several options for filing these claims. They may either file with the U.S. Department of Labor or approach their state labor department. Successful claims may result in an employer paying all unpaid wages to the claimant. Claims may not be filed for types […]


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Chicago, IL (Law Firm Newswire) January 8, 2015 – Key federal and private efforts address future employment for returning military personnel. According to 2011 White House estimates, over one million armed services personnel will return home during the period from 2011 to 2016. With the projected statistics in mind, President Obama challenged the private job sector to train and hire 100,000 veterans and their spouses by the end of 2013. Businesses met and surpassed that goal by August 2013 with 125,000 individuals hired. Further efforts included the call for over 200,000 private companies that contract with the federal government to […]


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Sacramento, CA (Law Firm Newswire) January 2, 2015 – Clothing made in California for outlets such as Macy’s, JC Penney and Kohl’s, actually comes from local sweatshops where some employers routinely unplug the clock intended to keep track of worker’s hours. The U.S. Department of Labor determined Los Angeles-based P & Young Apparel Inc. was falsifying payroll records after an investigation revealed time cards that alleged workers on the same shift all checked in within two minutes of one another, a classic indication of tampering. Ultimately, P & Young owed the 15 employees in question $33,000 for their unpaid work. […]


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Chicago, IL (Law Firm Newswire) December 22, 2014 – It has been illegal to sexually harass someone in the workplace for more than 50 years. But despite Title VII of the Civil Rights Act of 1964, sexual harassment still takes place. According to the Equal Employment Opportunity Commission (EEOC) sexual harassment complaints make up at least eight percent of all complaints filed, with four out of 10 having enough merit to pursue. Cases pursued by the EEOC are filed under Title VII of the Civil Rights Act, which prohibits sexual harassment and retaliation against a worker who files a complaint. […]


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Tampa, FL (Law Firm Newswire) December 18, 2014 – Featured in the latest issue of Bigger Law Firm (BLF) magazine is a series of seriously helpful articles to help a busy law firm grab hold of new and promising developments. Find out how a law firm can maximize its exposure by using LinkedIn’s newest and very powerful free blogging platform. Kerrie Spencer explores the useful long-form post and how it becomes a part of a law firm’s profile. Launched in early 2014, the new platform is an ideal way to help build authority in a legal niche, such as medical […]


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San Francisco, CA (Law Firm Newswire) December 18, 2014 – Custom Legal Marketing (CLM) today announced that through January 1, 2015, it will offer its CLM Flagship custom marketing plan to law firms for just $3500 a month. This offering saves law firms 30% or more on CLM’s premier legal marketing product. CLM’s Flagship is built to deliver large-scale growth in quality lead flow for law firms, using a radically new approach to digital marketing. “CLM knows that efficiency and growth are extremely important to law firms, and this special Flagship offer helps them achieve both,” says Jason Bland, CLM […]


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San Francisco, CA (Law Firm Newswire) December 16, 2014 – Custom Legal Marketing (CLM) has announced that until January 1, 2015, any law firm that signs up for a legal marketing plan with CLM will get a custom app for their law firm at no additional charge. CLM’s legal marketing plans help law firms grow by using innovative digital strategies to increase quality lead flow. Because so much of the digital world is now on mobile devices, CLM founder Jason Bland says that a mobile app can be a huge asset to firms who want to grow. “A mobile app […]


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Chicago, IL (Law Firm Newswire) December 15, 2014 – Everyone with a job should have benefits of some kind. The law mandates that an employer must provide them. “Working full-time usually means you get a paycheck – cash to be put into the bank. But you get more than that; you also receive benefits. Those benefits may take the form of paid vacation or health insurance, referred to as non-cash benefits,” stated Timothy J. Coffey, a Chicago employment attorney. Benefits received are to provide for family and improve quality of life. The IRS allows certain tax breaks for many employment […]


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Chicago, IL (Law Firm Newswire) December 10, 2014 – Working at home is common in the technology age, and certain laws apply when this kind of work situation is ongoing and not just temporary. “If you work at home, you need to know how you are classified by your employer. You also need to consider the laws that apply in your state of residence. Every state, with the exception of Montana, has “at-will” employment laws,” pointed out Timothy Coffey, a noted Chicago employment attorney. At-will employment means that a company may lay a worker off, demote or fire the worker, […]


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PITTSBURGH, PA (Law Firm Newswire) December 8, 2014 – In November, Charles A. Lamberton co-presented a lively session on Complicated Issues in Sexual Harassment Cases at the annual Pennsylvania Bar Institute Employment Law Institute West seminar in Pittsburgh. Speaking to a room full of employment lawyers, Mr. Lamberton discussed the legal rule in sexual harassment cases that prevents employers from offering evidence of a sexual harassment victim’s past sexual behavior or sexual predisposition at trial. In a sexual harassment case, evidence of a sexual harassment victim’s sexual behavior, fantasies, dress, speech or lifestyle is inadmissible by default. Such evidence cannot […]


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Chicago, IL (Law Firm Newswire) December 3, 2014 – Pregnancy discrimination is illegal, but the practice is on the rise. “Being pregnant does not mean a woman cannot play a valuable and necessary role in the workforce. Despite the rules that clearly state pregnancy discrimination is illegal, it continues to happen, with employers attempting to covertly or overtly push pregnant workers out of their jobs,” explained Chicago employment attorney Timothy Coffey. The original U.S. legislation, still active, is the Pregnancy Discrimination Act of 1978. It bans employers with 15 or more workers from discriminating in the workplace based on childbirth […]


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Chicago, IL (Law Firm Newswire) October 30, 2014 – Non-compete agreements are not always well-received in court. If a non-compete agreement is thrown out, a person may not have to comply with it. “Non-compete agreements are quite popular with employers, but a person bound by one may not have to comply with it. Most non-compete agreements state that an employee may not compete with an employer’s business for a designated time period after leaving the job, They may restrict who you work for, where your future job may be located and even the industry in which you work. Sometimes, it’s […]


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Chicago, IL (Law Firm Newswire) October 24, 2014 – The Family and Medical Leave Act (FMLA) is applicable to all state, local and federal government and private employers with at least 50 workers who live within a 75-mile radius. “For employees to be eligible for leave, they must have worked for at least 12 months and 1,250 hours prior to starting leave. Many workers do not know that by law, employers are not required to provide paid sick leave. However, they are in certain situations mandated to permit employees to take up to 12 weeks of unpaid leave,” Timothy Coffey, […]


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Sacramento, CA (Law Firm Newswire) September 30, 2014 – Collective legal action has not been eliminated in pay disputes in California, but its role has been diminished. Employers may now insist on case-by-case arbitration. “In a highly anticipated ruling, the California Supreme Court has decided that California employers may stop their workers from suing jointly for unpaid wages or overtime and alternatively mandate case-by-case arbitration. In essence, the ruling limited collective legal action in wage disputes,” said noted Sacramento business attorney, Deborah Barron. In a 6-1 ruling, the court indicated that employers may enforce contracts mandating workers to submit all […]


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Chicago, IL (Law Firm Newswire) September 30, 2014 – Personal grooming choices are not considered “protected” characteristics. “It is not against federal employment law for a company to decline to hire someone whose appearance does not appeal to them. Companies may base their hiring and work choices on an individual’s personal characteristics, and they may legally treat them differently according to their attributes,” explained Chicago employment attorney Thomas C. Coffey. Nationwide, an employer may not discriminate against an individual because of disability, race, color, nationality, age, sexual orientation or religion. Those classes are referred to as “protected” classes or groups. […]


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