» Employment Law

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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Chicago, IL (Law Firm Newswire) September 26, 2014 – Employers in some states may legally refuse to hire a smoker. Some employers will screen job candidates during the hiring process, and some include a nicotine test. At such companies, a positive result will disqualify a candidate. This practice is allowable under federal law. However, if a person is hired, many states forbid employers from firing the worker after a negative drug test or if the worker becomes a smoker while employed. “For the most part, an employer may ban smoking in the workplace. Demanding a smoker step outside to smoke […]


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Sacramento, CA (Law Firm Newswire) September 24, 2014 – California caregivers have filed a class action lawsuit against Kindred Healthcare, Inc. for the company’s failure to pay minimum wage and overtime. “The charges include rest and meal break violations among a plethora of allegations relating to failure to pay overtime and minimum wage,” noted Deborah Barron, a Sacramento business attorney not involved in the lawsuit. “One plaintiff claims that she was denied overtime, and another suggests that she was not paid her full wages for helping an in-home care client.” Kindred Healthcare is one of the largest post-acute health services […]


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Chicago, IL (Law Firm Newswire) September 22, 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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Chicago, IL (Law Firm Newswire) August 29, 2014 – In an at-will employment arrangement, an employer may terminate a worker any time for a wide number of reasons. An employee may also quit any time for any reason, but he or she should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will employment state, such as Illinois,” suggested Chicago employment attorney Timothy Coffey. “In virtually all states (with the exception of Montana), workers are presumed to be at-will employees unless the employment terms […]


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Chicago, IL (Law Firm Newswire) August 22, 2014 – Most states hire workers “at-will.” Even though employees may usually be laid off at any time without notice, state and federal laws protect workers in some circumstances. “It is good common sense to understand whether or not you are employed at-will in your state. It affects how any labor disputes may be handled. Illinois is an employment-at-will state,” explained Timothy Coffey, a respected Chicago employment lawyer. State and federal laws protect workers in some circumstances. For instance, if a worker in Illinois has an employment contract, they do not have at-will […]


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Chicago, IL (Law Firm Newswire) August 8, 2014 – At-will employment means an employer may terminate a worker any time for many reasons. An employee may also quit any time for any reason, but should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will-employment state, such as Illinois,” indicated Chicago employment attorney, Timothy Coffey. “For instance, in virtually all states, with the exception of Montana, workers are presumed to be at-will employees, unless the employment terms fit an exception to the prevailing rule, […]


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Austin, TX (Law Firm Newswire) August 1, 2014 – A worker at a Subway restaurant outside of Austin, Texas has filed a class action lawsuit against his employer over its practice of paying employees with prepaid Visa cards, which may be subject to fees. Jake Branson filed the lawsuit on his own behalf and on behalf of other Subway employees after his paper checks were replaced with prepaid Visa cards. He found that using an ATM to withdraw cash from the cards could result in a $1.75 fee, that checking the balance of the card cost $1.00, and that a […]


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Chicago, IL (Law Firm Newswire) July 3, 2014 – When starting new employment, all documentation relating to company policies must be read and understood. Sometimes employee handbooks form the basis of a contract. “Most new hires get a copy of the company handbook on, or prior to, the first day of work. You must read this material even though it might not make sense in the beginning. Knowing and understanding what is contained in the employee handbook is an asset that may pay off later if you have workplace issues pertaining to harassment or discrimination,” says respected Chicago employment attorney, […]


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Chicago, IL (Law Firm Newswire) June 13, 2014 – Any agreements signed upon employment should be vetted with an employment attorney. Be on the alert for a clause indicating arbitration. Employment agreements may have a provision in them that a worker must submit to arbitration should there be a workplace dispute. If that agreement is signed without speaking to an employment attorney, the signatory is agreeing to resolve any disputes with an employer by means of arbitration. The arbitrator would be a privately hired judge. “Agreeing to arbitration as a dispute resolution mechanism means you have signed away your right […]


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Chicago, IL (Law Firm Newswire) June 6, 2014 – Every state protects workers from various forms of discrimination. However, not all states protect transgender, lesbian, gay or bisexual workers from discrimination (LGBT). “Every state in the Union prohibits discriminating against workers based on their religion, race, national origin, gender and so forth. However, not every state offers the same kind of protection for LGBT employees,” outlines Timothy Coffey, an experienced Chicago employment attorney. Currently, there are 21 states and the District of Columbia that do offer protection to LGBT employees from discrimination. The remaining 29 states offer nothing in the […]


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Lincolnshire, IL (Law Firm Newswire) May 23, 2014 Lincolnshire, IL (Law Firm Newswire) May 23, 2014 – At its Conference & Expo in Toronto this week, the Association of Legal Administrators (ALA) inducted its board of directors for 2014-15. Leading the association and serving as President for 2014-15 is Paula Barnes of Burr & Forman in Nashville, Tennessee and Paul Farnsworth of Woods Oviatt Gilman, LLP in Rochester, New York continuing his service as Past President of the Board. The Board includes the following individuals: President: Paula K. Barnes Burr & Forman, LLP Nashville, TN President-Elect: Teresa Walker Waller Lansden […]


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New York, NY (Law Firm Newswire) May 13, 2014 – Marjorie Mesidor has been admitted to the Supreme Court Bar, the highest Bar in the United States. Mesidor is the Lead Counsel at Phillips & Associates, a New York employment law firm. On May 4, 2014, Mesidor traveled to Washington, D.C., to attend the Supreme Court’s announcement of its decision in Town of Greece v. Galloway. Following the announcement, Mesidor and 20 other members of the Brooklyn Bar Association were admitted to the court on motion. All 21 attorneys took an oath to confirm the motion, and Justices Alito and […]


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Chicago, IL (Law Firm Newswire) May 13, 2014 – Unless an employment contract exists, an individual is likely an “at-will” worker. An “at-will” worker may be terminated virtually anytime, for any reason. “Although an at-will worker may be fired just about anytime and for many reasons, those reasons must not be discriminatory. If you were fired for discriminatory reasons, this is wrongful termination and you need to seek the services of a competent employment attorney. If you have been wrongfully terminated, you have solid legal protection offered by the federal government,” points out well-known Chicago employment attorney, Timothy Coffey. Discrimination […]


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Sacramento, CA (Law Firm Newswire) May 7, 2014 – Even though age and gender discrimination is illegal, it is still happening in California, even within larger corporate entities that know the law. “YP Holdings Inc., also known as AT&T Advertising Solutions Inc. is the named defendant in yet another age and gender discrimination case against them in California,” says Deborah Barron, a respected business and employee rights lawyer in Sacramento and the attorney of record for this case. A group of female former AT&T Advertising Solutions employees over the age of 40, with a combined service equivalent of over 99 […]


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New York, NY (Law Firm Newswire) May 7, 2014 – Zamansky LLC announces that it is investigating Unilife Corporation (UNIS), the medical device manufacturer, for potential securities fraud or breach of fiduciary duties owed to shareholders.  The investigation concerns whether Unilife made materially false or misleading statements to its investors, as alleged in a whistleblower lawsuit. The federal court lawsuit was filed on August 30, 2013 (E. D. Pa. Case No. 13-CV-5101) by former employee Talbot Smith, and alleges not only false statements made to investors but a scheme whereby UNIS engaged in false purchases to boost the appearance of […]


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Chicago, IL (Law Firm Newswire) May 6, 2014 – Despite most states adhering to an “at will” arrangement for workers, laying off employees is regulated by law. “Many employers do not always realize that laying off workers is strictly regulated by law and if those rules are not followed according to a crystal clear layoff policy, they run the risk of being sued,” explains Timothy Coffey, a respected Chicago employment attorney. These days, with the tough economy, there are many companies forced into mass layoffs to make ends meet and keep their company afloat for the long-term. If a business […]


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Chicago, IL (Law Firm Newswire) April 14, 2014 – The Equal Employment Opportunity Commission (EEOC) settled its first systemic class-action lawsuit at the beginning on 2014 claiming a company violated the Genetic Information Nondiscrimination Act (GINA). “In this case, the EEOC sued an employer for asking, post job offer, that applicants obtain pre-employment medical examinations that included detailed questions about their family medical history,” recounts Timothy Coffey, a noted Chicago employment attorney. The lawsuit was filed in 2013 and resulted in a $50,000 settlement, as well as injunctive relief. It began when Founders Pavilion, Inc., a New York rehabilitation center […]


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Chicago, IL (Law Firm Newswire) April 7, 2014 – Employers are legally obligated by the Americans with Disabilities Act (ADA) to talk to a disabled worker about reasonable accommodations for them, even if they are on final suspension before being fired. “In Spurling v. C&M Fine Pack, Inc. (No. 13-1708), the court outlined what an employer must do in discussing with them reasonable accommodations for their disability, even if they are about to be let go,” explains well respected Chicago employment lawyer, Timothy Coffey. The facts of this case indicated that plaintiff Spurling had worked for this company since 2004. […]


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