The Family and Medical Act of 1993

Employees of covered employers who meet certain requirements are protected by the Family and Medical Act of 1993 from the loss of their job because of family and medical situations that may occur. This addition to the Fair Labor Standard Act (FLSA) is crucial for families that have had major medical events. These regulations allow for specific amounts of time to be taken off for family and medical events, like the birth of a child or the serious illness of a family member. In these situations the employee is allowed a specific amount of unpaid time off with the protection of their position.

Qualified employees are eligible to take a leave for up to 12 weeks unpaid and with job-protection in a 12 month period. This unpaid, job-protected time can be taken for the birth of a newborn child or the adoption or foster care of a child. It can also be taken off for the care of a spouse, parent or child with a serious illness or if the employee him or herself is unable to work because of a serious illness.

All of these situations are dependent on the qualifications of both the employee and the employer. Employees of public agencies, local education providers and private-sector employers who employ at least 50 people for at least 20 weeks each year, may be protected by this Act. The employees of those qualified employers must also meet certain requirements to be considered protected by the Family and Medical Act. Employees must have worked for the employer for at least 12 months and have worked a minimum of 1250 hours for the employer in the previous 12 months. Also, the employer must employ at least 50 people within 75 miles of the employee to be covered by these regulations.

One final group of employees that is protected by this Act is those employees who are spouse, parent or child to an injured service member who is in need of care. Also, the spouse, child or parent of a member of the National Guard or Reserves who is soon to be deployed may be protected by this act. Protection for the family of service people extends for up to 26 weeks in a 12 month period and is also subject to the same employee and employer relationships for the family and medical situations.

For more information on the Family and Medical Act of 1993 and the FLSA, please visit the website of the FLSA attorneys at Tycko & Zavareei, LLP. James Witherspoon

Child Labor and Driving Jobs

In the United States, child labor is widely defined as whenever a person under 18 years of age enters the workforce. Considering that this can include circumstances such as running a paper delivery route or helping parents with local farm duties, prohibitions on child labor require very specific outlines in order to avoid becoming unreasonable and unnecessarily strict. As a result, there are several exemptions and special rules governing certain branches of the workforce, making labor permissible for minors in certain situations. Specifically, minors may find jobs that involve driving difficult in certain jurisdictions, as the law can be detailed when dealing with this area of employment.

In various jurisdictions, individuals under a certain age will not be able to secure any job that has driving as a part of that job. Many states recognize that drivers cannot officially obtain a driving license until they are 16-years old, meaning that employment law is adjusted accordingly. Thus, states may require minors to be 17-years old before they can operate a motor vehicle as a part of their job.

In addition to age restrictions, minors are often limited by the kind of work they are legally allowed to do. For teen drivers, this can mean that a job may not actually require them to spend the majority of their time in a car or truck. Some states are very precise, marking schedules in which a teen worker cannot drive more than 20 percent of their workweek. Also, it is rare that a teen driver is permitted to drive for work at night.

Finally, teens are not allowed to engage in jobs that can be dangerous to their health. This means that delivery jobs involving the use of an automobile are not allowed in certain jurisdictions, as these tasks require frequent driving trips, and may encourage drivers to drive quickly to meet delivery times.

For more information concerning your state's child labor laws, contact an employment attorney.

If you have questions concerning the standards of your child's employment, contact a Houston employment attorney from the Ross Law Group today.

COBRA Health Benefits Overview

Who Qualifies for COBRA

COBRA benefits are available to certain individuals who are covered by a group health plan on the day before a qualifying event. Beneficiaries generally include former employees; retirees; and spouses, former spouses, or dependent children of qualified individuals. Directors, agents, and independent contractors may also qualify for COBRA benefits if they participated in a qualifying health plan. A dependent may elect to receive COBRA benefits even if the related employee does not.

Private companies with 20 or more employees, state and local governments, and other employee organizations are generally covered by COBRA.

COBRA "Qualifying Events"

COBRA health insurance is only available under certain specified circumstances, including but not limited to:
  • Employment termination on a voluntary or involuntary basis (except in the case of gross misconduct)
  • Reduced hours of employment
  • Medicare benefits take effect
  • Death, divorce, or legal separation of the covered employee
Length of COBRA Coverage

The time period during which COBRA is available varies with the type of qualifying event. A plan may extend the benefit period, but cannot shorten the required coverage period. COBRA benefits may be available for 18 to 36 months, depending on the circumstances. Eighteen (18) months is an average benefit period.

The Cost of COBRA Benefits

The beneficiary must pay a monthly premium for COBRA insurance coverage. Many employees face sticker shock when they realize that in addition to the typically small portion of the monthly health payment that was deducted from their paycheck, they now must also pay the portion of the premium previously covered by their employer. In many cases this can be a payment 3-4 times larger than their earlier contribution. Overall, eligible COBRA beneficiaries cannot be required to pay more than 102% of the monthly premium cost, with the 2% representing administrative charges.

A common complaint is that COBRA can be too expensive for the unemployed, since the employer is no longer subsidizing the cost. For this reason, a report by the Commonwealth Fund found that less than 10% of employees took advantage of COBRA benefits in 2006. Nevertheless, COBRA is frequently less expensive than the alternate cost of individual health coverage. Because of the cost, participants selecting COBRA are commonly cases of adverse selection, i.e. those with more serious and immediate health coverage needs. Recent federal government COBRA subsidies will expire soon.

COBRA Coverage Disputes

The COBRA plan administrator is required to provide an election notice when a beneficiary is qualified to receive continue coverage. While infrequent, there are times when an administrator's determinations are challenged. According to the Employee Benefits Security Administration, determinations involving group health plan coverage eligibility are not governed by ERISA's claims procedure regulation unless they relate to a specific claim for benefits.

In Summary

COBRA is a useful but costly benefit to employees who find themselves out of work unexpectedly. From an employer's perspective, compliance requirements may be complex. Multiple federal agencies have responsibility for various aspects of COBRA and ERISA, including the Department of Labor, Treasury Department, the Department of Health and Human Services, and the Internal Revenue Service.

If you are an employer covered by COBRA, work closely with an attorney experienced in COBRA and ERISA matters to insure regulatory compliance and avoid disputes that may lead to litigation.

Mark Johnson, Ph.D., J.D., a highly experienced ERISA expert, is founder of ERISA Benefits Consulting Inc. As a former ERISA Plan Managing Director and plan fiduciary for a Fortune 500 company, Dr. Johnson has practical knowledge of plan documents as well as an in-depth understanding of ERISA obligations. He works as an expert consultant and witness on 401(k), ESOP and pension fiduciary liability; retiree medical benefit coverage; third party administrator disputes; individual benefit claims; pension benefits in bankruptcy; long term disability benefits; and cash conversion balances. He can be reached at 817-909-0778. ERISA Benefits Consulting, Inc by Mark Johnson provides benefit consulting and advisory services and does not engage in the practice of law.

Defense Base Act

In recent years, the use of defense contractors to assist operations has been a widely publicized part of the modern U.S. military. Both as a strategy to minimize the number of actual troops necessary to wage a successful campaign and to complete some tasks that would otherwise require a great deal of vertical development on the Department of Defense's behalf, defense contractors have proven themselves useful in supporting America's military concerns. However, these workers may become injured, and, like other American workers, have the right to pursue compensation if necessary.

To cover worker problems in ports, the government passed the Defense Base Act in 1941 as measure to help contractors working for the war effort of the Second World War. This piece of legislation was specifically designed to streamline the process of workers' compensation claims coming from from mostly foreign ports.

Unlike the standard stateside workers' compensation systems, the military demands more strict paperwork and procedures for claims filed under the DBA. It is necessary to first notify a manager or superior about an injury and then file the appropriate reports and paperwork before any medical treatment is sought. Once the Office of Workers' Compensation Programs receives this paperwork, financial coverage for that medical treatment can be officially provided.

Instead of a compensation schedule program, which is most common among employers today, DBA compensation uses a weekly wage system. Instead of providing a pre-determined amount of money according to the severity of an injury, these systems determine compensation according to the worker's average weekly wage.

The details of DBA law can seem confusing to laborers who are used to the rules established by state compensation systems. If you would like to learn more about compensation as a defense contractor, contact a workers' compensation attorney.

If you have been injured on the job, contact the Des Moines workers' compensation attorneys of LaMarca & Landry, P.C. to learn more about your rights and options.

What Is a Business Legal Professional?

A "business lawyer" or "business attorney" usually refers to a lawyer who represents provider entities of all types. These consist of companies, LLCs, general partnerships, limited partnerships, sole proprietorships, associations, organizations and joint ventures. Commonly, corporation suitable professionals also signify individuals who act inside of a business capacity (owners, proprietors, principals, managers, partners, directors, officers, controlling shareholders, entrepreneurs)! Some business attorneys also represent other individuals in their dealings with business entities (e.g. contractors, subcontractors, consultants, minority shareholders, personnel)! When we use the term "business lawyer" we believe of all three of the above. We represent services, owners, entrepreneurs, individuals in a office capability and other persons who have relationships with corporation entities.

Most businesses need contracts of numerous several kinds, along with a fantastic attorney can draw them up for you simply. Rather than seeking to write your own and hope that they hold up in court, allow a industry legislation service provider to construct or in the the very least edit contracts that you certainly will use at your company. This will guarantee that for those who truly encounter trouble within your supplier, you will probably be protected legally.

Several industries regularly desire a fine organization business venture legal representative, as you might discover a number of restrictions and rules that ought to be adhered to. Will need to you feel too hectic to keep up with new laws that go into impact inside your field, let an attorney to hold you updated. For instance, the building corporation normally has codes that must be adhered to, or you may face fines or even court instances. Steer clear of difficulty by keeping someone near to who will regularly help remind you of any current updates that might possibly it could be that impact your organization.

Sometimes issues go wrong with clients or workers, and companies get sued. Having an attorney might possibly will not prevent individuals nowadays from acquiring frustrated and threatening to sue, however it could decrease the chances of them truly in all likelihood through it considering that they will know that they might not win. If they do go as a result of with it, you will probably could possibly demand a business authorized professional a lot of a lot more than at any time, so it will doubtless be notably good to acquire a single near to. It is just smart to shield yourself from potential lawsuits brought on by angry clients or personnel, primarily provided that companies of any type can face these issues.

Having a will possibly not prevent individuals currently from acquiring frustrated and threatening to sue, but it could decrease the chances of them certainly running through it given that they will know that they might not win.It is just smart to shield your self from possible lawsuits brought on by angry customers or workers, in particular offered that agencies of any variety can face these issues.

Employment Law Is Not Workers' Compensation Law

Since employment law and workers' compensation law both relate to people and their workplace it is common, however incorrect, for the two to be used interchangeably in conversation. Here are the key distinctions between these important areas of the law.

Employment Law is:
  • ADA Violations - The Americans with Disability Act, ADA, prohibits discrimination in the work place based on disability. Employers anywhere in the country, including Washington State, with 15 or more employees must provide individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
  • Discrimination - Employers cannot treat employees differently due to race, color, religion, sex, age, disabilities, genetic information or national origin.
  • Employment Contract Disputes - These kinds of disputes involve issues arising from formal employment contracts. These issues typically include non-compete clauses, wages, bonuses, benefits, duration of employment, ownership of intellectual property, and confidentiality.
  • FMLA Violations - Employers with over 15 employees must follow the FMLA which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform his or her job due to a serious medical condition; needs to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). Following the leave, the employee should be returned to the same or equivalent position.
  • Harassment - This includes any behavior intended to disturb or upset an employee at the work place. This can also include threatening disturbing behavior and unwanted sexual advances.
  • OSHA - Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly neglects to protect federal employees, military base employees, longshore and offshore employees. (A recent example is the death of the SeaWorld Trainer by the Orca whale. OSHA fined SeaWorld approximately $75,000 in safety violations.)
  • WISHA - Washington Industries Safety and Health Act protects all workers in the State of Washington. Violations of the act are handled through L&I (Labor & Industries).
  • Retaliation - This occurs when an employer seeks revenge upon an employee for something the employee feels is legally right. In order to fall under retaliation the following must be present: (1) employee was involved in a protected activity (2) the employee performed the job according to the employer's expectations (3) the employee suffered a materially adverse employment action (4) the employee was treated less favorably than similarly situated employees.
  • Wage and Hour Disputes - These disputes include unpaid time, illegal distribution of tips and failure to pay during breaks. Issues involving misclassification of employees and independent contractors also falls within this employment category.
  • Wrongful Termination - Being fired from your job illegally!
You can sue your employer for any of the above violations! Awards can include lost wages and monetary awards for pain and suffering. These cases are argued before the Washington State Human Rights Commission, the Federal Equal Employment Opportunity Commission (EEOC), and the United States Department of Labor.

Employment Law attorneys handle employment law cases.

Workers' Compensation Law is:

  • On the job injuries or occupational diseases. Workers injured or made sick by their work are eligible for Workers' Compensation. Benefits include medical care, time loss compensation, permanent partial disability, vocational rehab, pensions, and other payments. The Washington State Department of Labor and Industries (L&I) manages state fund cases and presides over self insured cases. Workers' Compensation is a no fault system of social insurance which in theory provides sure and certain relief but takes away your ability to sue your employer for all injuries except intentional injuries.
    Workers' Compensation law is what we do. If you need Washington Workers' Compensation advice click here, if you need a Washington workers' compensation attorney, call and we'll do our best to answer your questions and help you.
Can They Overlap?

  • Yes! Sometimes the issues in employment law cases overlap with the issues in workers' compensation cases. For example, an individual in Seattle, WA could suffer an injury on the job while at the same time experiencing discrimination due to his or her advanced age. This would result in both a workers' compensation claim and an age discrimination suit. This individual would therefore have two different cases and two different sets of remedies.

Regardless of whether you think you have a Washington Workers' Compensation claim or an Employment Law case the Sharpe Law Firm can help you. Attorney Chris Sharpe has been in the Seattle legal community for years and even if his firm cannot take your case, he can put you in touch with an attorney he trusts. Please contact us by computer or call 1-800-919-4636 if we can be of any assistance.

Sharpe Law Firm
4727 44th Ave SW
Seattle, WA. 98116
Phone: (206) 343-1988
Toll Free: 1-800-919-4636

FLSA and Child Employment

The Fair Labor Standards Act is an important Federal document that prescribes the proper treatment of employees by employers in all different types of business settings. This also includes very strict standards for child employment in order to protect both child employees and child employers from harm. It is crucial for both parties to understand the implications of these regulations for a safe work environment.

The federal regulations set out by the FLSA are intended to protect the rights of employees and therefore, in the case of child employment, the highest degree of protection is always applied. This means that in a state with regulations that are less strict in regards to child employment than Federal regulations, Federal regulations must be applied by an employer. If the individual state regulations are equal to or more stringent than Federal regulations require, those regulations will determine laws regarding proper child employment.

There are certain important points within the FLSA that should be accounted for in every work environment. A work permit is not required by the FSLA, though some states may require an age certificate. Youth must be paid at least minimum wage for any type of work. Minimum wage laws must be applied in all situations including tipped wage employment regulations. Also, any overtime work must be compensated at a rate of at least one and a half times the standard rate of pay, even if that rate is above minimum wage. Employers are required to keep proper records of all youth employees just as they would for adult employees. This includes contracts, records of hours worked, and any other appropriate documentation.

There are very specific jobs that can and can not be held at different ages by children. These jobs are clearly set out by the FLSA, but there are a few allowable and restricted jobs of note. At age 13 or younger, a child may deliver newspapers, be a baby-sitter or actor, or work for any business completely owned and operated by their parents. At the age of 14, a child may work in an office, grocery store, retail store, amusement park, or gas station along with other specific places, but a 14 year old child may not work public utilities jobs, construction or door-to-door sales among other jobs. When a child is 16, they may work any job not declared hazardous by the Secretary of Labor, which includes many jobs involving powered machinery or vehicle operation.

Once a child turns 18, they may apply to any job as an adult employee. At this age they are no longer regulated as a child employee, even though certain companies may have age and experience requirements that disallow them from holding a position.

For more information on FLSA regulations pertaining to child employment, please visit the website of the wage and overtime lawyers at Tycko & Zavareei, L.L.P..
James Witherspoon

Paying Work Cover Lawyers Need Not to Be Worried by Workers

Have you experienced receiving a small amount of compensation after being injured in your job? Have you signed a contract that offers much less than you deserve because you were forced to do it? It is a must that cover lawyers be present today for there are a lot of employees who are not aware of their rightful compensation and legal rights.

For employees to be legally protected in case they meet accidents or are injured at work, compensation lawyers are present to stand for them. Work cover lawyers basically persuade employers into improving the dangerous workplace conditions and especially help injured workers receive monetary compensation for the injuries they suffered. Worker's compensation attorneys are advocates of the employee's rights and the worker's best interest.

Employees who are injured are not only entitled to monetary compensation but as well as medical benefits and even future employment. The employer should cover all the necessary treatment and therapies as well as the medical bills depending on the severity of the injury. It is a reality that some workrelated injuries sure are deliberating that is why alternative work options should be given either through continuous monetary assistance or in the form of training.

Employees who have experienced work accidents are protected by work cover lawyers so as to receive the rightful compensation from employers. Clients are being informed by legal representatives of employees about making the proper legal decisions. These two reasons prove why employees should hire work cover attorneys.

The best amount of employees' payout settlement can be bargained by workers' compensation lawyers, which give them a reason to be hired. Compensation lawyers know their way in and around labor laws, employer's responsibilities and employee's rights, so they cannot fall victim to unfair insurers who don't want to give away large sums of money to their suffering workers. Workers are assured that they get the right amount that they deserve with work cover lawyers around.

With the help of worker's compensation lawyers, companies or insurers are stopped in performing harmful acts against its employees such as tolerance of a hazardous working environment and giving less importance of worker's compensation rights. Because workers often think they are not worthy of getting anything more than what is offered to them by their unfair employers, they just helplessly and blindly accept. Employer's shameful ways are exposed with the help of compensation lawyers, and the only option these companies have is to improve their ways and improve their dangerous workplace setting.

Even though that a lot of workers experienced serious illnesses because of dangerous work conditions, they still are doubtful if they should hire work cover lawyers for they worry that they might not be able pay these lawyers with the minimum wage that they're receiving. These are valid reasons especially for employees who cannot anymore work because of their current situations and are financially problematic. The ability of workers and their families to pay worker's compensation attorney against paying bills are the choices that these people need to make.

A new policy on the contingency fee structure is now effect so workers who have endured work accidents do not need to worry about the financial aspect of hiring a compensation lawyer. The amount that the work cover lawyer will receive is based on the agreed percentage which will be deducted from the amount that the employee will get upon winning the case, based on the contingency fee contract. No payment of fees would take place if the case is lost or if there is no settlement.

This contingency fee agreement is favorable to workers who have no ability to pay worker's compensation lawyers on their own. Consultations done through phone, letter or personal meeting do not require initial fees or other fees paid by the injured employees. The time that fees can only be settled is once the case against the employer is won.

There is no need for you to feel helpless or powerless if you are a victim of work related injury due to a hazardous working environment. Now, you have the capability to hire the services of work cover lawyers who will guide you to claim your rightful compensation. Empower yourself and fight unjust employers with the help of compensation lawyers!

As a person looking for workers compensation lawyers you should visit that site. If you are looking for more information on car accident compensation claim make sure to visit their website.

Employment Solicitors - What About Employers' Rights?

When most people think of employment law their thoughts are almost always directed towards the rights of employees. There has been so much publicity recently about these rights - whether it is for their right to be paid the minimum wage, get their statutory holiday pay or to work in complete safety - that the rights of employers have been largely ignored.

Now I'm not suggesting that any of the rights that employees now enjoy are a bad thing, far from it. Thanks to these laws the UK is now one of the fairest, safest and secure places in the world to work. There does however seem to be an unnatural shift in favour of employees to the disadvantage of many employers.

Employers also have a number of rights that they should be able to enforce without fear of legal action. For example, an employee should have the right to dismiss one of their workers if they feel that they have a fair reason for doing so.

These days we hear about cases involving employment law crop up more and more. This is largely due to the recession and the large number of people being made redundant. In every case however, there are two sides to the story. In a lot of cases, despite finding themselves in very difficult situations, employers have done nothing wrong. People sometimes do things, or conduct themselves in a certain way, which puts employers well within their rights to terminate employment.

In cases where an employer needs to defend their actions in court, they, like the employee making the accusations, needs to find legal representation. Just like an employee, for an employer, finding specialist legal representation is very important. Though you can choose to use a non specialist solicitor, using specialist employment solicitors is well worth it.

Employment law is very different to most areas of the law. To ensure that you are being represented in the best way possible you need to use employment solicitors who have extensive experience in the particular area of the law that you are involved in. This experience will mean that they are able to put your case forward in the most convincing and beneficial way.

Additionally, their experience will also make them far more able to make the process easier for you. They will be able to explain proceedings to you in a clear and understandable way as well as being able to advise you on what they feel is the best way forward. This ability is something which can only come from experience and will prove to be invaluable.

There are many specialist employment solicitors around. If an employee of yours feels that you have treated them unfairly then you are completely within your rights to fight your case. By far the best way to do this is to use specialist employment solicitors.

A History of the Eight-Hour Work Day

Although many workers do not necessarily realize it, many of the major standards of workers' rights are the result of long battles between labor organizations and employers. Historically, the fight for the eight-hour work day in particular took over a century of organized protest and resistance, eventually ending in a major victory for industrial and commercial goods workers. Now, the eight-hour day is considered a basic right among many blue-collar workers, as it is discussed along the same lines in legislation as overtime pay and child labor laws.

One of the earliest movements in America for the eight-hour work day was actually a push for a ten-hour day. The Industrial Revolution changed the way working conditions affected the average person, putting workers in twelve to sixteen-hour days. Eventually, workers decided that this much work was actually detrimental to employee productivity, and they demanded less intensive schedules. In 1791, carpenters in Philadelphia fought for and won a ten-hour work day. In roughly 40 years, this became a standard demand from workers, and the push for eight-hour days began in earnest.

By the mid-1800, labor movements across major industrial centers in the United States organized strikes and protests for better conditions, including an eight-hour day. These battles continued, winning the occasional fight over a certain industry in a city. Not until 1938, with the passage of the Fair Labor Standards Act, was the eight-hour day established as a right for commercial goods workers.

As a result of this law's passage, an employer is not permitted to ask an employee to work more than eight hours each day without offer overtime pay. However, given the restrictions of the law, certain white-collar careers were not actually covered by the 1938 provisions, meaning that businesspeople may be asked to work over eight hours in some cases. If you would like to learn more about how the eight-hour work day and overtime pay disputes can be legally settled, contact an employment attorney.

If you have not been paid for the hours you have worked, or if you have been forced to work excessive hours without overtime pay, you may be entitled to pursue compensation for those lost wages. Contact the Houston employment lawyer of the Ross Law Group today.
James Witherspoon

Payment of Final Wages for California Employees

In California, for employees who are terminated, all earned and unpaid wages must be paid immediately and on the day of the termination. For employees who quit, all earned and unpaid wages must be paid within 72 hours of the employee's notice to quit. For employees who are on a temporary or short-term assignment, the wages are due when the employment obligations are completed.

Generally, the employee must be paid at the place where the employee had provided the services to the employer. If the employee earns commissions, performance bonus, or other forms of deferred compensation, the employer must pay those wages as soon as they are calculated.

Consequences for Late Payment of Final Wages

Under California Labor Code § 203, an employer who fails to pay wages immediately upon termination or within 72 hours of a voluntary quit, is liable for one day's wages up to 30 days. This is known as the "waiting time" penalty. Further, the waiting time penalty accrues at the employee's average daily wage for each calendar day regardless of the number of days the employee normally worked.
The statute states that the failure to pay wages must be "willful". However, the term willful simply means that the employer intentionally failed to perform an act that he was legally required to be done. The employee must only show that the employer knew that wages were due and failed to pay them. Further, the employee can bring a claim to recover "waiting time" penalties even if the employer pays all other wages that were due.

Some employers attempt to assert various defenses to avoid waiting time penalties.  Only a few narrow defenses have been recognized, including:
  • A bona fide, good faith dispute between the employer and employee as to the amount of wages owed.  However, any undisputed wages must be paid within the time frames as noted above.
  • If the employer could not calculate the amount of wages owed at termination.  For example, commission wages which have not been determined or calculated would not be subject to waiting time penalties.
Any payments that the employee receives as waiting time penalties are not considered earned wages and the employer cannot withhold normal income taxes.  Of course, the employer can report the payments as another form of income (such as miscellaneous income on a 1099 form) and the employee would be responsible for the tax consequences of that income.

The Erlich Law Firm ( ) represents individuals and employees in all workplace disputes including wrongful termination, discrimination, harassment, unpaid wages, wage and hour violations, disability accommodation and discrimination, and family leave.

Single Parent Discrimination at the Workplace

On November, 2009, the US Census Bureau released the document on Custodial Mother and Fathers and Their Child Support: 2007. According to this study, there are approximately 13.7 million single parents in the US responsible for raising about 26% of 21.8 million children under 21 years of age. The rest of the children lived outside their household. Additionally, 84% of the custodial parents are mothers and 16% are fathers.

When it comes to employment:
Of the mothers who are custodial parents:
79.5% are employed
49.8% work full time, all year round
29.7% work part-time or part of the year

Of the fathers who are custodial parents:
90% are employed
71.7% work full time, all year round
18.4% work part-time or part of the year

These statistics clearly show that most single parents are gainfully employed so that they do not have to depend on others for their family's subsistence. In fact, out of this large number of single parent households, only 27% of custodial single mothers and their children live in poverty and 12.9% of custodial single fathers and their children live in poverty. However, there are many cases of discrimination on single parents in the workplace. While several companies deny this, this type of discrimination is rampant and accepted by most people in the workforce. This is because there is no federal law prohibiting this type of discrimination. The Federal Equal Employment Opportunity (EEO) has laws against discrimination.

For example, Title VII of the Civil Rights Act of 1964 (Title VII) which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act of 1967 (ADEA) that protects individuals who are 40 years of age or older; Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments; and so on. While these are clear laws against discrimination, there is no specific law against single parent discrimination. How are single parents discriminated? It usually starts as early as the job interview. Applicants are asked about their marital status. Then, the interviewer asks if the applicant has children.

In some cases, when the applicant says yes, he/she is then asked to leave. For those who are "fortunate" enough not to be asked to leave, they are asked questions like, "Will your parental duties prevent you from working at least 50 hours a week?" If applicants do pass the interview, the probability of being passed over for promotion or more responsibility in the workplace is greater compared to their single (without children) and married counterparts. It seems that a common stereotype for a single parent is someone who "wouldn't be interested or able to make a move because they have children," according to Cindia Cameron, organizing director for 9 to 5. So, what should a parent do if he/she is single and experiences discrimination in the workplace?

1. At the interview, try to relax but be straightforward When you are asked questions such as those mentioned earlier, ask the interviewer why they are asking those questions. Then tell them that you would be happy to talk about that but you would like to talk about your skills and accomplishments first.

2. Challenge the interviewer's assumptions Politely ask why the interviewer thinks that being single and a parent matters in connection to the job. Answer their concerns so as to dispel any preconceptions they have against single parents.
3. Talk to your supervisor or manager At work, if faced with a situation where you feel that you are being discriminated, talk to your superior and tell them that you want the opportunity to advance just like other members of the team.

4. Get support from other single parents in your workplace Seek out other single parents in your office. Meet with them and put together ideas on how you can address issues that you have with the company.

Maintaining a single parent household is difficult. It shouldn't be complicated further with discrimination at the workplace. Because of the difficulties that single parents are facing at the workplace, a petition has been made, addressed to the Equal Employment Opportunity Commission, to support single parents by means of having laws made specifically against single parent employment discrimination.

Grace writes to help people learn more about employment and the law. She does work for different companies, including a company that provides Oklahoma employment law ( services.

Steps For Preventing False Workers' Compensation Claims

When you are an employer it is important to ensure your employees are being productive and efficient. However, it is also your responsibility to ensure that they are safe and secure, taking care to help them should they suffer an injury as the direct result of their employment. Sadly, this obligation is too often taken advantage of in the form of false workers' compensation claims. Luckily there are steps you can take to prevent your employees from attempting this form of fraud.

No matter what field you work in or what your office is like it is possible to have employees fall victim to an injury as a result of their employment. Because of this, it is also possible to fall victim to compensation fraud no matter your field or location. The following steps can help you prevent such fraud from occurring:
  • Have mandatory comprehensive safety training for all employees, which will not only help prevent accidents but it will also give all employees and employers the knowledge necessary to initially assess the validity of a workers' compensation claim.
  • Have equipment readily available that helps with physical tasks that are particularly strenuous, such as lifting items over 35 pounds in weight, which will give workers the ability to make safer choices, producing less opportunity for fraudulent claims.
  • Take efforts to adequately educate your employees on the negative impacts of workers' compensation fraud. This can effectively discourage workers from negatively impacting the business as a whole through fraudulent claims.
These simple steps can prevent accidents and the opportunity for accidents in the workplace. This can help decrease the chances for a false workers' compensation claim to be filed. However, if you do have an employee make a claim for compensation you believe may be false, it is imperative you have legal assistance in order to protect your rights and the interests of your business.

If you would like to know more about business law and workers' compensation fraud, visit the website of the Texas business lawyers at Slater Kennon & Jameson, LLP today.
David Caldwell

Healing Period Benefits

Workplace injury, even if unexpected, can occur to anyone. To deal with possible financial issues that could arise from the missed time at work, workers' compensation law protects laborers from becoming destitute or unable to pay their bills because of a workplace injury. In the most dangerous cases, injuries can occur that do permanent damage to a person's body. Permanent disability benefits can provide compensation for the time away from work a person requires to properly heal, and benefits specifically designed to pay for recovery time are known as healing period benefits.

These benefits give workers who have been injured permanently an opportunity to address newly encountered physical challenges. During this time, workers can go through physical therapy sessions, attend doctor-recommended treatments, and give themselves time to regain lost strength. As particular injuries, such as lost limbs or fingers, require a significant period of time to adjust to, it is important that injured workers have an opportunity to heal and adjust before returning to work.

Healing period benefits only last as long as they are needed. If an employee has healed as much as a physician believes he or she reasonably will, healing period benefits may be cut, and an employee may be expected to return to work. Likewise, if an employee is healthy enough to return to work and complete his or her normal tasks despite the infirmity, he or she may not continue to receive benefits. Finally, benefits can be stopped if the worker simply starts working again.
As with any workers' compensation funds, filing a successful claim is necessary to receive needed benefits. To learn more about healing period benefits and what an employee can do to bolster his or her financial situation despite a prolonged injury, contact a workers' compensation lawyer.

If you have been injured while on the job, you may be eligible to collect workers' compensation. Contact the Des Moines workers' compensation lawyers of LaMarca & Landry, P.C. today for more information.

Protecting Businesses With Employment Attorneys

Employment law in the 21st century is so complex that every business needs to have a good working relationship with a local employment attorney. It is this kind of partnership that protects a business from potentially catastrophic lawsuits. Many employment laws are in place to give business owners and managers the specific guidance and legal framework they need to make important decisions regarding employees or general employment policies. Employment attorneys help employers manage risks and control costs so that they can focus their time and resources on their businesses.

The Need for Employment Lawyers

While many businesses continue to operate under a common misconception - that they are too small to need an employment lawyer - in today's more litigious business climate this misconception is more problematic than ever. Any company today that has employees needs to have legal counsel in order to stay informed and aware of laws pertaining to this specialized area. Every employer needs to understand the impact of such things as family or pregnancy leave, sexual harassment, wrongful termination, or how to apply the law when it comes to such seemingly routine things as lunch times or break times. A good employment attorney can assist in writing up policies that are created by the human resource department. Attorneys whose focus is employment and labor law, can advise clients in matters of employment discrimination, harassment, wrongful discharge, severance issues, and employment law compliance.

Employment Law and Proactive Management

Although that kind of employment lawyer participation in a business is easily affordable, it can potentially save a company tremendous amounts of money. When an employment lawyer is there to consult with management, legal communication between management and employees is improved. That kind of work environment can in turn, improve retention rates and performance - and those factors contribute directly to a more robust bottom line. Human resource professionals also need input from employment lawyers to ensure that they are making decisions that are good for retaining and supporting employees, and these decisions are therefore good for the company as well. Otherwise companies open themselves up to potential legal problems related to everything from age or disability discrimination, or perceived wrongful termination, to disputes over overtime pay.

Selecting an Experienced Employment Attorney

When choosing an employment lawyer, it is important to first locate a law firm that has employment attorneys with verifiable credentials. When you meet with the prospective employment attorneys, ask them what kinds of cases they have handled, and what the outcomes were for the companies in each case. Ideally, the employment lawyer you choose will be experienced at providing legal advice at all stages of a problem - situational and policy advice, litigation avoidance, and skilled representation in court and before administrative agencies.

Choose an employment attorney who not only has stellar credentials but also has a strong commitment to continuing education. Those reliable employment attorneys who have solid past experience combined with a forward-looking passion for the law will be able to serve their clients well, both now and in the future.

For information on employment attorneys, visit McGuire, Wood & Bissette, P.A. at, serving business, industry and families since 1894.

Common Child Labor Laws

Throughout the United States there are a number of common laws that regulate how old certain employees must be in order to perform certain tasks. Child labor laws exist to protect the rights and well-being of individuals under the age of 18 in relation to employment. By knowing what common child labor laws apply to your business and your employees, you are better able to take steps to protect your workers and your business interests.

Each state has the ability to set up specific laws for the regulation of child labor. However, the state of Texas has a number of laws that can be used as a general indicator for what laws on the employment of minors can cover and dictate. Some of the most common Texas laws on child labor cover how old employees and child workers must be in order to perform various duties. These include the following:

  • With few exceptions, children under the age of 14 can only be hired for work in theatrical productions, radio shows, television programs, or other acting jobs.
  • Children may work in the delivery of newspapers directly to consumers as long as they are above the age of 10.
  • Children 16 and over may work in the sale of newspapers.
  • Children of varying ages have a right to participate in work study programs that have been approved by the state.
  • A child may be employed by a business that is owned partially or fully by their parents
  • Children may be employed if their parents are acting as direct supervisors of the employment.
  • Children above age 14 may take part in non-hazardous, casual employment as long as it does not endanger their safety, well-being, or health. This employment must often be approved by the child's parent or guardian.
In addition to these laws restricting who may work, there are a number of minor employment laws throughout the United States that dictate what hours a child may work.

If you would like to learn more about how child labor laws can influence your business ventures, visit the website of the Texas business lawyers at Slater Kennon & Jameson today.
David Caldwell

Understanding the WARN Act

For all business leaders it is important to note the many federal laws and restrictions that dictate steps and provisions you must make in your organization. Some of these laws exists to protect the business leaders while some work to protect the consumers. Others, like the 1989 Worker Adjustment and Retraining Notification (WARN) Act, signed into place by President George H.W. Bush, exists to protect the employee. By understanding the WARN act and how it applies to your company you are better able to protect your business interests and the well-being of your company and employees.

The WARN act serves to require business leaders to give their employees adequate warning before shutting down the company or performing large scale layoffs. Ideally, this time will make it possible for employees to find other work or get the training they need to enter a new work field. If a business fails to inform their employees adequately, as dictated by the WARN act, they could face numerous lawsuits and further legal actions.
  • The WARN act applies to companies that have 100 or more employees. It dictates the following:
  • The employer must give adequate warning if they are shutting down the business
  • The employer must give adequate warning if they will be laying off 50-499 workers
  • The employer must give adequate warning if they will be laying off over 33% of the workforce
  • Under this act "adequate warning" requires that business leaders inform their employees at least 60 calendar days before the scheduled closing or layoffs will occur
It is important to note that companies which have experienced a natural disaster or financial hardship due to unforeseen circumstances may be exempt from this law. Also, if a company was making a good faith effort to raise capital before the closing or layoffs they may also be exempt from the law.

For more information on business law and how the WARN act applies to you, visit the website of the Texas business lawyers at Slater Kennon & Jameson today.
David Caldwell

Labor Laws to Protect the Rights of Workers

Texas is one of the major states in United States of America. It is the second largest State in United States. It is enclosed by Mexico, New Mexico, Oklahoma, Louisiana and Arkansas. Texas is known for providing an outstanding working condition to the employees.
Following are some labor laws that are applicable in Texas.

1. Laws related to Child Labor

This law states that it is not legal to give employment to a child who is less than14 years of age. These laws are laid down to ensure that the children are not employed in any business or occupation. This law ensures the health and safety of the children. This law states that any child whose age is less than 14 or 15 years will not work more than 48 hours in a week or 8 hours in a day. This law also states that no child shall be employed in mining, manufacturing or processing business.

2. Laws Related To Minimum Wages

Under this act any employee must be given a minimum wage at the rate of $5.15 per hour.

3. Labor Laws At Work Place

According to this law the employer will have to circulate several posters at the work place. The posters must be accurate and updated. Poster must have information in context to minimum wages, employment insurance, health and safety protection and the notices of worker right.

4. Laws Related To discrimination

These laws ensure that there should be no discrimination on the basis of nationality, caste, age, religion, caste and creed. In case the employer is found guilty then he will have to face the law.

5. Laws Related To References

The prior employer is free to provide any sort of non-confidential information about the previous worker. In case an employer is found guilty then he is liable for chastisement.

6. Laws Related To Employees Hand Book.

This law states that there should be an employee's handbook that should contain complete record of the owner's procedures and policies.

7. Laws Related To Work Place safety

According to this law it is the responsibility of the employer to provide a decent and better working condition for his employees. There should not be any type of compromise with the standards, rules and regulations. In case the employer is not providing proper working condition then he is answerable to the employees.

Above are certain labor laws that are followed in Texas. If you are in to any business or organization you must be careful about these laws.

Looking for State Labor Laws? Find out more about Texas State Labor Laws

Sandra Wilson M

Understanding OSHA Regulations

Workplaces across the United States are charged with providing reasonably safe working conditions for their employees. This duty was established under the Occupational Safety and Health Act of 1970. This act also established the Occupational Safety and Health Administration, which is in charge of setting and enforcing workplace regulations.

OSHA requires all workplaces to maintain certain standards, though it also has requirements for certain lines of work that may require additional safety standards. All places of employment, though, are expected to:
  • Educate workers about proper safety
  • Allow easy access to safety equipment
  • Provide protective gear for workers
  • Adopt practices to maintain safety
These expectations were outlined in the general duty clause of the act. Every place of employment is expected to follow these conditions, as they reduce the risk of serious injury to workers.

As previously stated, different industries have different standards. Information about what is required of your workplace should be made readily available by your employer; if he or she does not have this information available to you, your employer is actually breaking one of OSHA's regulations.

Most employers carry workers' compensation insurance to provide for their workers who are injured while on the job. However, employers and insurance companies have a vested interest in giving out as little in workers' compensation benefits as possible. As such, you should work with an experienced workers' compensation attorney to make the strongest case possible for the benefits you deserve.

Neglecting to provide a safe workplace is not only wrong, but it is also against the law.

If you were injured at work because of your employer's negligence to follow proper safety measure, the New Jersey workplace safety attorneys of Levinson Axelrod, P.A. will help you fight to get the workers' compensation benefits you deserve.

Employment Discrimination Overview

Though it has been over 60 years since the civil rights movement has begun discrimination in the work place still persist, and has transformed. Work place and employment discrimination does not just have to be based on the color of your skin, but it can also be based on your age, gender, religion, and disabilities. For those who are unfamiliar with the other types of discrimination, they all refer to the mistreating, wrongful termination, or refusal to hire someone based solely on their age, gender, religion, and any disabilities they may have. Of these types of discrimination, only age discrimination is really a grey area as most laws normally refer to those who are 40 years or older.

Over the past 60 years there have been laws such as Title VII of the Civil Rights Act of 1964, 42 USC 1981, and the Age Discrimination in Employment Act (ADEA) established to act as barriers to prevent employment discrimination, however Title VII and the ADEA only protect those who were discriminated against by employers with 15 and 20 employees minimum respectively. With that said there is still more to be done to help prevent discrimination in the work place. Fortunately if you live in the state of Michigan, there is also the Michigan Elliott-Larsen Civil Rights Act which covers all employers in the state, regardless of the number of employees in the company. This act prohibits discrimination based on race, skin color, religion, gender, age, height, weight, familial status, and or martial status. Unlike the ADEA, this act also protects those who are discriminated against in the work place due to their young age, not just those who are 40 years old and over.

To further protect workers, Michigan also requires those with disabilities that need accommodations such as wheelchair ramps and wheelchair accessible desks to notify their employers in writing within 182 days after the need is known. This gives an adequate amount of time for the employee to deem what accommodations are necessary for their needs and to be able to work efficiently and allows them to work these accommodations out with their employer before legal action has to be sought after.

Many more states need to take a stand against work place discrimination and pass state laws much like Michigan to prevent employment discrimination, instead of just depending on outdated Federal Acts that only protect those that are discriminated against under certain circumstances such as the size of the business you work at.

This articles is not meant to be legal advice.
Find out if you can recover money damages, regain your job (if fired), and require your employer pay for legal fees. If you need an employment discrimination lawyer in Michigan, contact us today to discuss your case.
Visit our website for further information about discrimination laws in Michigan.

How Employment Solicitors Can Help

Employment law embraces the whole gamut of labour related matters and more often than not, requires a qualified expert to interpret and advice on the same. However, let us look at how employment solicitors can help:

• Engaging a lawyer provides the organization with the needed space to concentrate on its core competencies. In the event that some problem or complication arises, the company may rest assured that the employment solicitors have the issue catered to. This saves the organization vital resources such as time and money.

• When planning to conduct a recruitment drive, a company needs to have adequate legal counsel as far as labour laws are concerned. This is because human resource is a vital aspect of any company's operations and as such, employment matters represent a crucial step the company would be taking. These solicitors are well versed in labour laws and have the astute competence to guide the company through this process and ensure the company's interested are well covered.

• Whether an employer or employee, litigation suites always arise. Having such a solicitor agency on a retainer is the best remedy and plan of action to mitigate the adverse effects of legal action. These agencies retain the services of expert legal counsel well versed in the different laws applied. They are able to analyze the situation and provide the interested party with the best way forward. In addition, they are well placed to adjudicate the whole process while the company or individual proceeds with their business. An excellent and effective way of approaching such a matter.

Retaining the services of an employment law solicitor should be a carefully executed process. One of the things to look for in an employment solicitor is specialization. General solicitors are not the best way to go, especially when dealing with complex legal matters.

Well established solicitors firms provide the best service because they have developed different departments to handle different aspects of labour related cases. Experienced staffs provide expert legal counsel and are able to give more personalized service as well.

See how employment solicitors [] in the UK can assist you in understanding employment regulations and policies.

Federal Child Labor Laws

Almost everyone remembers his or her first job, whether he or she had it at the age of 14 or 24. For many individuals, their first jobs were undergone in high school as a move towards some extra cash or a major purchase such as a car. In current times it is still common for companies and businesses to employ those under the age of 18 in order to get some part time employees while providing young people with their first employment opportunities. If you are considering hiring some underage employees for your business it is important you abide by all laws concerning child labor, be they federal or state.

Federal and state labor laws concerning children exist to offer protection to underage individuals while still giving them the opportunity to work and build their professional experience. All employers who might at some point hire an individual under the age of 18 must follow these restrictions and utilize hiring and scheduling practice that comply with all child labor laws.

Common Federal Laws on Child Labor

While each state has the ability to set its own restrictions concerning child labor practices, there are a number of overarching federal child labor laws which all employers are required to follow. These include the following:
  • Youth under the age of 14 cannot be employed
  • Youth under the age of 16 cannot be scheduled to work before 7am or after 7pm on a school night when school is in session. They also cannot work more than 3 hours on a school day.
  • Individuals under the age of 16 can only work up to 18 hours a week during periods when they are in school.
  • Individuals age 16 and below cannot work more than 40 hours a week when school is not in session. They cannot work more than 8 hours a day when school is not in session.
  • Youth under the age of 16 cannot work during regular school hours when school is in session.
If you would like to know more about federal or state labor laws concering children, or if you would like to get assistance in developing a legal hiring and employment practice for underage individuals, visit the Texas Business Lawyer website of Slater & Kennon today.

David Caldwell

What is Employment Law?

The term Employment Law covers a wide range of topics that relate to the employee and employer relationship. It is also commonly referred to as Labor or Labour Law. It encompasses a body of laws, restrictions, administrative rulings and precedents that address the legal rights of working people as well as restrictions of the employer and employee relationship.

The basic feature of employment law in almost every country is that the rights and obligations with the employee and employer relationship are governed and mediated through a contract between the two. However, many of the terms and conditions of the contract are implied by legislation and common law. In the United States, the majority of state laws allow for employment "at will", meaning the employer is able to terminate an employee for any reason, as long as the reason is not an illegal reason.

One of the most common employment laws incorporated in most countries around the world is the Minimum Wage law. The minimum wage is the lowest wage an employee can be paid and is determined by the forces of supply and demand in a free market. This acts as a price floor.

The United States was the first country to employ a minimum wage in 1938. This was followed by India in 1948, France in 1950 and the United Kingdom in 1998. In the European Union, 18 of the 25 states have minimum wage laws.

Another common employment law is the Working Time law. This not only governs the amount of time an adult is allowed to work, but also the amount of time that children can work. This also includes mandates of how much vacation time must be given to employees.

In the United States, the Wages and Hours Act of 1938 set the maximim standard work week to 44 hours and in 1950, this was reduced to 40 hours. Despite this law, there are some jobs that require more than 40 hours to complete the tasks of the job. For example, if you are a farm worker, you can work over 72 hours a week, if you want to. However, you cannot be required to.

These laws are the most common employment laws in use today. However, there are dozens of other laws regulating and protecting the employer and employee relationship.

Notes for editors: Claire Jarrett recommends 11sb, who are Employment Lawyers

Common Terms of Employment Law

Employment law came about due to the demands of workers to have better working conditions and to have the right to organize. Alternately, employers wanted to restrict the powers of workers in order to keep labor costs low.

Employers' costs can increase when workers organize to win higher wages. Also, laws imposing costly requirements such as health and safety or equal opportunity conditions will dramatically increase their costs.

The state of employment law at any one time is therefore both the product of, and a component of, struggles between the employer and employee.

The contract of employment is the most basic feature of common employment law. This governs the employee and employer relationship in order to facilitate a fluid labor market.

When an employee is hired, the essential terms are given to the employee. These must specify in concrete terms the hours to be worked, the term of wages, holiday rights, notice in the event of dismissal, job description and so on.

Common employment law also concerns the three-way relationship between employer, employee and trade unions. Trade unions, or labor unions, were formed to allow the employees to organize in order to protect their rights as a group. Trade unions must also follow particular procedures before taking certain actions such as strikes, pickets as well as workplace involvement.

Other areas employment law is involved with is Health and Safety, Anti-discrimination, Unfair dismissal and Child labor.

The earliest Health and Safety laws went into effect in 1802 to protect children working in English factories.

The Anti-discrimination law means that discrimination against employees is morally unacceptable and illegal. In particular, racial discrimination and sexist discrimination is not allowed.

The Unfair dismissal law protects employees by guaranteeing that they "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself".

Child labor is the employment of children under an age determined by law or custom. This practice is considered exploitative and was not actually seen as a problem throughout most of history. It has only become a disputed issue with the beginning of universal schooling which brought about the concepts of children's rights.

As you can see, there are many rules, regulations and requirements provided by employment law. Throughout history it has always been a struggle between employer and employee that still continues today.

Notes for editors: Claire Jarrett recommends 11sb, who are Employment Lawyers London