Category: Employment

Common Types of Employment Lawsuits

There are a wide variety of disputes that can arise between employers and their employees. Some of the most common types of employment lawsuits include: Discrimination. The law sets forth certain “protected groups” and prohibits discrimination in the workplace based on race, color, religion, sex, national origin, age, disability and genetics. If a member of [..]

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What are the Remedies for Employment Discrimination?

The general rule for determining the appropriate remedy in an employment discrimination case is to put the victim in a similar position as he/she would’ve been had the discrimination not occurred. Thus, the relief afforded by the court will vary depending upon the discriminatory action and the impact it had on the victim. The court [..]

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Understanding what is Owed for Overtime Pay

Overtime pay is a confusing topic for many employers and employees. The first step is to determine if you are dealing with an exempt employee. To learn more about exempt and non-exempt employees, please read our blog titled “What You Need to Know About Overtime Pay.” A non-exempt employee is entitled to overtime pay, while [..]

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Should you Document Conversations with Your Employees?

Employers face a difficult decision when it comes to documenting conversations with their employees. It is unrealistic to ask your supervisors to document every discussion they have with employees, but it is important to understand that certain conversations should be documented. Lawsuits can occur years after a conversation has taken place and you want what [..]

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Can You Fire an Employee for Clicking the “Like” Button?

In a recent case decided by the National Labor Relations Board (NLRB), it was determined that an employer cannot fire an employee for disloyal comments made on social media. Facts of the case Triple Play Sports Bar and Grille (Triple Play) fired its bartender/waitress, Jillian Sanzone, and cook, Vincent Spinella. The employees filed a lawsuit [..]

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Sexual Harassment Claims

If an employer receives a claim of sexual harassment in the workplace, the employer must investigate it. Failure to do so can result in a lawsuit not only from the alleged victim, but also by the person being accused of being the harasser. It is imperative for all employers to have a policy for making [..]

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What You Need to Know About Overtime Pay

The law requires employers to pay employees minimum wage for all hours worked and any nonexempt employees must be paid the appropriate overtime pay rate for overtime hours worked. While that general rule may seem simple, there are many factors to consider when applying it in practice. The initial step for an employer is to [..]

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California Pregnancy Discrimination

California employers must be aware of the various protections the law provides to pregnant employees. Not only is an employer prohibited from harassing or discriminating against an employee that is pregnant, California law allows an employee that is disabled by pregnancy or related medical conditions to take a leave of absence. Additionally, an employee is [..]

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Final Paychecks – Make Sure You Get it Right!

California employers are required to follow strict procedures when paying an employee’s final wages. There are specified requirements for the time and manner in issuing a final paycheck. The rules governing the payment of final wages can differ depending on the specific facts surrounding the employee’s departure. Terminated employees If an employer fires an employee, [..]

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