Articles Posted in Employment Law

Employers that are faced with collective actions under the Fair Labor Standards Act may be able to defeat Motions for Conditional Certification if they can demonstrate the individualized nature of named plaintiff’s claims. See Caballero v. Kelly Services, Inc., WL 12732863, at *7 (S.D. Tex. Oct. 5, 2015) (denying certification where alleged violations were “not…

Typically no employee is entitled to severance pay unless there is a contractual obligation during the employment relationship where the employer and the employee had agreed that earlier in the relationship that when the relationship ends the employee is entitled to a certain amount of severance.

The Temporary employees can file discrimination claims, but only certain types of discrimination claims. Some claims require a certain period of employment for the employee to bring the claim. In other words, they had to be with the employer for a certain period of time to be able to have rights under that. An example…

A protected characteristic would include things such as the age of the person or their gender or their race or their ethnicity. Those are factors that the low considers to be typically irrelevant to whether a person is really doing a good job. Most employers aren’t going to be interested in what the person’s race…

If an employee is pregnant, the employee still can be fired. The law prohibits the employer from treating the employee worse than any other employee, so if the employee does not do a good job and happens to be pregnant, the employee still can be terminated, and it still would be lawful. Pregnancy does not…

There is no general limit for an employer to tell an employee how many hours to work. Now, there are exceptions. Certain industries have legal requirements that an employee cannot work beyond a certain number of hours for public safety reasons, and in those situations, the employer is limited as to the number of hours…

The EOC resolves discrimination charges by investigating the charges so when the charge of discrimination is filed by an employee the employer is contacted by the EOC for a response. The employer will provide a written response including documentation. These responses typically will include what happened with this employee, what occurred, perhaps employment reviews that…

Most employees file charges of discrimination by contacting the EEOC, the Equal Employment Opportunity Commission. They will be given a form and they will complete a form, and they will meet with somebody at the agency to assist in completed that form.

Overtime hours are calculated based on the person’s hourly rate and anything above 40 they’re supposed to be getting a halftime premium. For example, if the hourly rate is $10 an hour and the person works five extra hours above 40 hours a week, they’re supposed to be paid an extra $5 for those extra…

Workers who receive tips also do require the payment of minimum wage. If you’re a tipped employee there are sometimes what’s called a tipped credit, which means that the poor employee can be paid a sub-minimum wage. A wage that’s less than a normal minimum wage because the employee is obtaining tips.