If you are involved in an employment dispute or face an adverse action by your employer, an employment lawyer can help. Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements. Use FindLaw to hire a local employment lawyer near you who ...
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Labor and Employment. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.
When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.
Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.
If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.
Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.
Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.
The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.
A labor union is an association of workers in a specific trade or company, organized to protect and further the rights and interests of the employees. These employees have similar ideas as to how their workplace conditions should improve, and they unite as a union because they believe these needs will be better met if the employer is approached as ...
Further, the National Labor Relations Act (NLRA) also regulates what activities a union can use to persuade the employer to give them certain collective employment conditions. These activities include strikes, lock-outs, and picketing.
Some of these conditions include: A clean and safe work environment; Decent wages; Health and medical benefits such as insurance; Fair and equal procedures for promotions and firings; or. Protections against unfair discipline or termination.
Additionally, an amendment to the NLRA, the Taft-Hartley Act, further regulates unions themselves by disallowing unions to coerce employees into joining a union or refuse to bargain in good faith with employers. Further the act disallows threats or violence to promote union agendas or charging excessive dues.
The NLRA established the National Labor Relations Board (NLRB), an administrative agency that hears disputes between employers and unions. The NLRB also determines which union should represent a group of employees; they have created regulations and procedures for the formation of unions.
Collective bargaining is defined as the negotiations between employers and unions to determine the conditions of employment. When the employer and union finish negotiations, a “collective bargaining agreement” results, binding the employer to certain conditions for the employment arrangement. In order to conduct collective bargaining in “good ...
Certain employees such as police officer s and firefighters are prohibited from stri king, and, thus, undergo grievance and interest arbitration; Representing employees or unions in front of the National Labor Relations Board; Representing unions in Department of Labor Investigations; or.