» Employee Benefits Law

Chicago, IL (Law Firm Newswire) July 21, 2015 – Are employees required to keep detailed records of any form of sexual harassment that may transpire at work and file a complaint with Human Resources? This latest court case suggests that this may not be necessary. “EEOC v. New Breed Logistics, No. 13-6250, 6th Cir., 2015, is interesting in that it challenges long held beliefs that if there is a sexual harassment policy in place and a dedicated method of reporting same, a company is on the right side of the law. This may not be the case any longer,” said […]


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Sacramento, CA (Law Firm Newswire) July 20, 2015 – A San Diego State University (SDSU) professor who has been accused of sexual harassment by two female students continues teaching at the university. According to the latest information coming out of SDSU, a group of upset students held a silent protest calling for the removal of Vincent Martin, the Spanish language professor in question and the subject of an internal investigation by the Office of Employee Relations Compliance at the university. “The most disturbing part of this story is that students only found out about the accusations against a Spanish language […]


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Chicago, IL (Law Firm Newswire) July 14, 2015 – Entertainment at a staff function for a limousine service company turned the meeting into an offensive, racially charged event. The incident that launched this racial harassment lawsuit began at a 2009 meeting hosted by CorpCar Houston Services, Limited CEO, Christopher Wolfington, and two managers, Stan Alcott and Andy Vanhaverbeke. When the meeting commenced, a gorilla-suited white woman came into the room after being invited in by Wolfington. She broke into Tarzan-like calls, sang, talked about “big black butts” and “big black lips,” sat in workers’ laps and spoke graphically about bananas […]


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Sacramento, CA (Law Firm Newswire) July 13, 2015 – Albert Robles, mayor of the Southern California city of Carson, is being sued for intentional infliction of emotional distress, sexual battery, gender violence and sexual harassment. Should the charges be proven, the fall-out could be catastrophic. The plaintiff in this explosive case is Lynn Dymally, the daughter of the late Mervyn Malcolm Dymally, a California Democratic politician who served in the California State Assembly and the California State Senate, as the 41st Lieutenant Governor of California and in the U.S. House of Representatives. Dymally, a board director for the Water Replenishment […]


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Chicago, IL (Law Firm Newswire) June 16, 2015 – What would a worker do if their possibly questionable actions were captured on video in the workplace? The conflict between privacy and the right to know what workers are doing mirrors the balancing act that the iconic image of blindfolded Justice attempts with her scales. In order to determine if a worker’s right to privacy has been intrusively invaded it must be balanced against the employer’s right to know what is going on with employees in the workplace – a delicate task of drawing the fine line between two diametrically opposed […]


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Chicago, IL (Law Firm Newswire) June 9, 2015 – It is against the law for a business to discriminate against someone who is pregnant. Further, breastfeeding is an integral part of pregnancy and breastfeeding in public is legal. Yet women who breastfeed in many establishments face discrimination. “Breastfeeding in public is legal. Period. However, the act itself seems to disturb some if the mother chooses not to cover up while in public. This has often resulted in a manager asking the woman to cover up, move into a bathroom, or leave the place of business. This is illegal in every […]


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Chicago, IL (Law Firm Newswire) April 20, 2015 – Social media is the main method these days for staying in touch with family and friends. However, others may look for names and profiles online – such as potential employers. “The last thing you want a potential employer or current employer to know about you is that your favorite thing to do is drinking yourself blind at parties and posting online pictures of yourself with a lampshade on your head,” advises Chicago employment attorney Timothy Coffey. “While you may never put a lampshade on your head, the point remains the same. […]


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Chicago, IL (Law Firm Newswire) April 16, 2015 – Be alert during a job interview for questions that may be discriminatory. While many seeking jobs today are aware of the possibility of discrimination in the workplace, few expect that job interviews may also be fraught with discriminatory questions. “It violates your civil rights to be judged on anything else other than your ability to do the job,” says Chicago employment attorney, Timothy Coffey. “Any other questions relating to race, age, gender or other prohibited areas, are not allowed – period.” What if an applicant makes it to an interview after […]


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Sacramento, CA (Law Firm Newswire) April 14, 2015 – Though the fact that restaurants are vulnerable to lawsuits for fair labor violations has made some owners unhappy, many recognize that it levels the playing field for all workers, ultimately making the industry more ethical and fair. The Fair Labor Standards Act (FLSA) is the go-to legislation applicable to wages and hours paid in all states. It deals with four specific areas: standards for youth employment, overtime pay, record keeping and the Federal minimum wage, currently $7.25/hour. Most of the investigations launched by the U.S. Department of Labor (USDL) in restaurant […]


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Chicago, IL (Law Firm Newswire) March 24, 2015 – According to the federal Fair Labor Standards Act (FLSA), workers who put in more than 40 hours a week are usually entitled to overtime pay. There are some exceptions to that rule. The FLSA defines a workweek as 40 hours of work. Time worked over 40 hours entitles employees to a minimum of one and one-half times their regular pay rate. Of interest is the fact that the FLSA does not mandate payment of extra wages for work done on a particular day, such as a holiday, for working at night […]


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Chicago, IL (Law Firm Newswire) March 17, 2015 – Telecommuting is a common working arrangement these days. Make sure any work-at-home agreements with an employer are clearly written. With the exception of workers living in Montana, at-will employment laws are in play across the U.S. That means an employer may lay a worker off, cut pay, terminate or demote them at any time, for virtually any non-discriminatory reason. All these laws still apply if an employee works at home. The United States is one of very few countries where employment is at-will in all states, save Montana. The rationale behind […]


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Pittsburgh, PA (Law Firm Newswire) March 16, 2015 – Pittsburgh employment lawyer Charles A. Lamberton is honored to be invited to present The Attorney’s Guide to Workplace Retaliation Claims sponsored by the National Business Institute. The seminar takes place July 15, 2015 and provides continuing legal education to attorneys on important issues in handling employment retaliation claims. The seminar will also provide helpful tactics and techniques for attorneys to better represent their clients in these contentious cases. Mr. Lamberton presents from 2:00 to 3:30 p.m. and will cover a variety of topics, including how to determine whether an employer took […]


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Sacramento, CA (Law Firm Newswire) March 10, 2015 – Bullying in the workplace may also involve sexual harassment. Stop it by contacting an experienced sexual harassment attorney. Abusive, bullying conduct may involve, but not be limited to: verbal and physical abuse, intimidation, threats, humiliation and sexual harassment. A National Bullying Institute survey shows 27 percent of workers are previous or current victims of bullying in the workplace. The survey also indicates that 70 percent of respondents believe bullying in the workplace is a real, ongoing issue. California is working towards enacting a law that mandates all employers with 50 or […]


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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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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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