Unions: Duty of Fair Representation

Articles (78)

Ohio Duty of Fair Representation in the public sector
A union owes all of its members a duty of fair representation. The union cannot discriminate against an individual or group of members regarding matters for which the union represents them. This inclu... applies to Ohio

Executive Orders affecting Unions issued by the Obama Administration.
President Barack Obama signed a series of executive orders in his first month in office favorable to organized labor. They include: Notification of employee rights under federal labor laws ; Economy i... applies to All States

Outside Sales Employees Exemption from Overtime and Minimum Wage
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts outside sales employees from its minimum wage and overtime requirements. The employer has the burden of proving the outside sales exe... applies to All States

Overview of American At-will Employment
American employment law is built on the foundation of at-will employment. Before any meaningful body of employment law existed, employment in America was at-will. Based in state contract law, at-will ... applies to All States

Family and Care Giver Discrimination, Harassment and Discharge
Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family care giver as a protected class, a number of laws protect people with famil... applies to Florida

Hours Worked Under the Fair Labor Standards Act for calculating Overtime
The amount of overtime owed to an employee is the Regular Rate multiplied by the number of Hours Worked during a Workweek . This Article covers Hours Worked. Hours worked includes all time during whic... applies to All States

Rights of an Ohio Employee who is a Minority Shareholder
A special exception to employment at-will doctrine applies to employees who are minority shareholders of close corporations. In their case, majority shareholders cannot terminate their employment with... applies to Ohio

Implied Contract exception to Employment at-Will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . Even so, some state supreme c... applies to All States

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... applies to All States

Overtime Wages When Carrying and Using a Pager or Cell Phone After-hours for Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies. Sometimes, the employee is not compensated for the time spent carrying th... applies to All States

Lilly Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act amends the enforcement provisions of Title VII and the Age Discrimination in Employment Act to permit suits by Plaintiffs who file a charge of discrimination challengi... applies to All States

Movie Theaters are exempt from federal overtime laws
The federal Fair Labor Standards Act (FLSA) exempts employees of motion picture theaters from the FLSA's overtime requirements. 29 USC 213(b)(27) . Ohio's overtime laws incorporate the FLSA's exemptio... applies to All States

Promissory estoppel exception to at-will employment
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . In Mers v. Dispatch Printing ... applies to Ohio

Whistleblower Protection for Safety Complaints in Ohio
Ohio Employees can make legally protected complaints about unsafe work conditions to their employers and to the Occupational Health and Safety Administration (OSHA). OSHA specifically prohibits employ... applies to Ohio

Illinois State Overtime Law
This page is article is devoted to Illinois law. It presumes you have a basic knowledge of the Federal Law. But for more information on the Federal Overtime Law please visit our FLSA page at http://ww... applies to Illinois

How to Find and Select Good Employment Lawyers
Good employment lawyers are like good mechanics. They tell you what you need, suggest the best way to get it, are skilled at their craft and present you with a reasonable bill. Good employment lawyers... applies to All States

Trade Secrets Overview
A trade secret is information that is not known to the public, that its owner takes steps to keep from public knowledge and that has value because it is not known to the public. The owners of trade se... applies to All States

Ohio Minimum Wage with Treble Damages and Attorneys Fees
On November 7, 2006 Ohio voters passed the Ohio Constitutional Minimum Wage , which amended Ohio’s constitution to require employers to pay a minimum wage of $6.85 per hour. The amount of the minimu... applies to Ohio

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m... applies to All States

Exemptions for Executive, Professional, Administrative Employees
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts executives, administrators and professionals from its minimum wage and overtime requirements. Test for Executive, Professional and Ad... applies to All States

Florida Whistleblower's Act Protects Employees of the Government and Companies that Contract with Florida Governments
The Florida legislature enacted the Florida whistleblower's Act, Fl. Stat. 112.3187 in 1986 to prevent state and local government agencies ("Agencies,") and the companies that contract with Agencies (... applies to Florida

Wrongful Discharge - Terminations that Violate Public Policy
Technically speaking, courts do not recognize a claim for "wrongful discharge," at least by that name. Broadly speaking, any discharge that violates a law, causes great harm or is grossly unfair is "w... applies to All States

EEOC Time Limit for Filing a Charge of Discrimination
Before a sexual harassment or other discrimination victim can file suit in federal court, they must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Feder... applies to All States

How to Value Claims for Severance Negotiations
This article describes a process for employment lawyers to use to place a value on a severance pay offer. It involves identifying claims, identifying the damages associated with those claims, discount... applies to All States

Employee Benefits Overview
As a result of the employment relationship, employees are entitled to certain benefits, such as retirement and disability compensation, as a matter of law. In addition, once an employer decides to off... applies to All States

Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act governs when Illinois employers must pay employee wages and commissions, prohibits most deductions from employee pay, requires notice for changes in pay an... applies to Illinois

Sexual harassment by a co-worker
Sexual harassment involves: unwelcome sexual advances; requests for sexual favors, and other verbal or physical conduct that is based on sex. Sexually harassing conduct is unlawful if it: adversely af... applies to All States

Defamation in the Illinois Workplace
Current and former employees are sometimes targets of false statements made in the workplace. Defamation is a tort action which allows the employee who was wronged (plaintiff) to recover for harm to h... applies to Illinois

Minimum Wage and Overtime Exemptions
The Fair Labor Standards Act (the "FLSA") excludes individuals from coverage and exempts others from overtime and/or the minimume wage. The FLSA excludes individuals in the definition of "employee" in... applies to All States

Guide to Employer FMLA Notices with DOL Approved FMLA Forms
A. Employer Notices The 2008 FMLA regulations require four separate types of Employer notices: “General notice,” which means the poster listing employees’ FMLA rights, plus a new a requirement t... applies to All States

Exempt or Nonexempt: Do You Receive Overtime Pay?
When it comes to the idea of overtime pay, most think that only the laborer, manufacturer or other "blue collar" worker is eligible to receive overtime, not the professional, executive, supervisor or ... applies to California

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445... applies to Michigan

Other Legal Links for posting to Resources page
Akron Community & Government The complete online guide to the Akron area, with accomodations, real estate, business and location information. AttorneysDelivered.com Search our professionally scree... applies to Nebraska

Families First Coronavirus Response Act - An analysis of House Bill 6201
On March 19, 2020 the Senate passed the Families First Coronavirus Response Act to address some employment impacts of the coronavirus and COVID-19. It was a much smaller version of the Act that passed... applies to All States

benefit plan appeals
Enter your article here The Employee Retirement Income Security Act (ERISA) applies to retirement plans and "welfare benefit" plans, e.g., disability and health plans sponsored by employers or unions.... applies to New Jersey

Why I Won't Take Your Case
"Because you're an idiot," is probably a completely unacceptable reason for refusing to accept representation of a prospective client (even if it is the real reason.) For more than a decade of solo pr... applies to Pennsylvania

How to Hire a Competitor's Employees
Suppose an employee from a competitor applied for an open position with your firm. She did not take any trade secrets from the competitor and will not solicit her the competitor's customers. However, ... applies to All States

Should I Be Getting Paid Overtime as a Salaried Employee?
Enter your article here On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime. I ask them why and the response is , I'm salarie... applies to All States

Work from Home Registered Nurse exempt from overtime pay
January 21, 2020 Under the Fair Labor Standards Act a registered nurse consultant worked from home, rarely interacted with her supervisors, applied her employer’s clinical guidelines while analyzing... applies to New York

Can my employer ask about my race?
Can an employer ask an employee or an applicant about their race? The short answer is technically no. In some states, it is legal for an employer to inquire about an employee or an applicant’s r... applies to California

GEORGE AZADIAN & ANI AZADIAN RECOGNIZED AS 2016 “RISING STARS” BY SUPER LAWYERS
George Azadian and Ani Azadian were recognized as 2016 “Rising Stars” by Super Lawyers Magazine. Super Lawyers selects attorneys who have attained a high degree of peer recognition and per... applies to California

10 Mistakes Virginia Workers Compensation Claimants Need to Avoid
I have been practicing Workers Comp Law for 30 years as a Virginia Workers Compensation Lawyer and these are the mistakes I see claimants repeat again and again which often means a denial of their com... applies to Virginia

Five Facts about New York's New Employment Protections
In June 2019, the New York Legislature passed major changes to the state's employment laws. The new and expanded provisions offer greater protections to victims of sexual harassment and workplace ... applies to New York

How To Deal With Sexual Harassment Outside Of The Workplace
How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) th... applies to All States

USERRA
Enter your article here Reemployment Rights Act (USERRA). The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal law intended to ensure that persons who serve or have serve... applies to All States

FRONTINO V. MACY’S: AZADIAN LAW GROUP WINS $669,308 FOR EMPLOYEE AGAINST MACY’S FOR RETALIATION AND WRONGFUL TERMINATION
Mr. Azadian started off 2016 with a $669,308 win against retail-giant Macy’s in a retaliation and wrongful termination lawsuit where his client was terminated after making complaints that he was... applies to California

CVS sued in Texas for overtime violations!
CVS Pharmacy, Inc ., one of the country's largest retailers, has been sued in Texas by a Sales Associate for overtime violations under the FLSA. Mr. Zahid Khan, represented by Attorney Salar Ali Ahmed... applies to Connecticut

Hard Rock Cafe Servers Claim Illegal Tip Pooling
Enter your article here Well the national chain of Hard Rock Cafe restaurants have recently been hit with a lawsuit under the FLSA complaining about its tip handling procedures. The allegations of the... applies to All States

3 Types Of Sexual Harassment At The Workplace
What are the 3 Types of Sexual Harassment at the workplace? California’s Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with... applies to All States

Who is Considered an Immediate “family member” for purposes of taking FMLA Leave?
As if working hard for that promotion or striving for better shifts wasn’t hard enough, what happens when the unexpected throws you off course? Becoming extremely ill, being injured in an accide... applies to All States

Is My Employer Required to Give Me Meal or Break Time?
Enter your article here The general answer, under Federal law, is no. However some states have their own rest or lunch break statutes for employees, which as of the posting of this blog, include: Cali... applies to All States

Tips for Sex Discrimination in the Workplace
In 1982, Ann Hopkins applied for partnership at Price Waterhouse in New York, where she was a senior manager. The company held off on making the decision for a year and then refused to revisit her pro... applies to California

The EEOC Announces Multiple Six Figure Settlements of 100% Healed Cases.
100% Healed Policies: A Recipe for Disaster. The Equal Employment Opportunity Commission recently announced six figure settlements of multiple federal lawsuits alleging employer failures to accommodat... applies to All States

Applicants and Temporary Employees are afforded the Same Rights as Regular Employees Under FEHA
A decrease in unemployment rates leaves job-applicants vulnerable to sexual harassment . In June 2017, California’s Employment Development Department reported that the unemployment rate dropped ... applies to All States

How to prevent sexual harassment in the workplace
Do you know how to prevent sexual harassment in the workplace ? Although sexual harassment within the workplace is against the law in California, it remains a hot-button issue in the media as well as ... applies to All States

3 Things To Know About Taking a Leave From Work
3 Things To Know About Taking a Leave From Work It is early in the morning, the sun has yet to rise, and the alarm on your phone goes off. Work is hours away but this is the alarm you set is for yours... applies to All States

Tipped Employees Under the Fair Labor Standards Act
Enter your article here In many instances these days, employees are coming to my office with questions about tips, what hourly rate an employee who gets tips must be paid and whether an employer may r... applies to All States

3 Ways Sexual Harassment and Leaves of Absence Can Be Connected
An incident of sexual harassment on one hand and taking a leave of absence on the other are two types of situations that would not appear to coexist in the same set of facts, but unfortunately, the tw... applies to All States

4 Steps that employer have to do to protect employees from sexual harassment
1- An anti-harassment policy Having a written sexual harassment prevention policy in place is not only a good measure for stopping sexual harassment before it happens, but California employers are als... applies to All States

4 Things To Know About Leaves Of Absence And Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn’t go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would ... applies to California

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?
Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee’s life that they have little or n... applies to All States

5 Basic Questions About Sexual Harassment
Now, look at the 5 basic questions about sexual harassment you thought you know the answers to , every employer should have a zero-tolerance sexual harassment policy, yet sexual harassment remains a r... applies to All States

How People Have Fought Against Discrimination
Many employees face discrimination . The ADA, ADEA, Title VII Civil Rights Act and OSHA’ s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and k... applies to All States

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

What Is The Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 ( Pub.L. 95–555 ) amended the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. This Act outlaws discrimination “o... applies to California

6 Nuances of Disability Discrimination Law in California
Under California state law, workers with a disability are protected against several forms of discrimination in employment practices. Employers subject to this legislation cannot base employment decisi... applies to California

What is Employment at Will?
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9 Things Job Hunters With a Disability Should Know
1. Where do my rights come from? When it comes to disability discrimination , there are a few different sources of rights an employee may use to defend himself or herself from mistreatment. Depending ... applies to California

2 Ways Employers Sometimes Illegally Discriminate Against Veterans
While individuals who serve in the military often make great sacrifices for their country, many people do not seem to understand or appreciate their service. Oftentimes, veterans struggle to readjust ... applies to California

2 Challenges Veterans Might Face at Work
Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunatel... applies to California

I’ve been fired! : 3 Ways Termination Can Become ‘Wrongful Termination’
1. Sexual Harassment and Revenge It’s hard enough as it is to tell your tinder date after the first meet-up that you’re just not that into them. Perhaps you do it over text or ghost them a... applies to California

4 Factors Considered in the Creation of a Hostile Work Environment
What does it take to transform a simply annoying work environment into a sexually harassing hostile work environment? In order to answer this question, it is important to look at all of the circumstan... applies to California

4 Rights Transgender Employees Have in California
While it is often challenging for any employee navigating work life to be a member of the LGBTQ community, transgender people tend to face the most severe problems, particularly in terms of discrimina... applies to California

6 Reasons California Workers Should Celebrate
For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensur... applies to California

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Unions: Duty of Fair Representation