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Articles (32)

Massachusetts Employers must pay Accrued but Unused Vacation at the time of Discharge
The Massachusetts Payment of Wages Act defines “wages” to include “any holiday or vacation payments due an employee under an oral or written agreement.” The Wage Act requires employers to pay ... applies to Massachusetts

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

Vacation Pay Rights in Ohio at time of Termination
An Ohio employer is not required by law to give its employees any vacation, holiday or other paid time off. Accordingly, when an employer provides paid vacation, it can establish the rules under which... applies to Ohio

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

Massachusetts Wage Payment Act requires Payment of Earned Wages at the time of Discharge
The Massachusetts Payment of Wages Act defines “wages” to include “any holiday or vacation payments due an employee under an oral or written agreement.” The Wage Act requires employers to pay ... applies to Massachusetts

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

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

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

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

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

List of Employment Law FAQs
Non-competition Severance pay Retaliation Sexual harassment Family leave Discrimination Wrongfully accused Overtime Tax Issues in Settlements Healthy Families Act Smoke free workplace Ohio non-compete... applies to All States

Ohio Public Policy exception to At-will Employment
In Greeley v. Miami Valley Maint. Contractors , 49 Ohio St. 3d 228 (Ohio 1990), the Ohio Supreme Court held that "[p]ublic policy warrants an exception to the employment-at-will doctrine when an emplo... applies to Ohio

Severance Package
A severance package describes the pay and benefits an employee receives when involuntarily separated from a company. Severance packages are voluntary in the United States, so employers do not have a l... applies to All States

Regular Rate of Pay for Calculating Overtime Pay
Overtime is calculated based on the employee’s actual, or “regular rate” of pay. The regular rate of pay includes not only the normal hourly rate, but all compensation for employment paid to, or... applies to All States

Discovery Plans for Employment Litigation
A court’s Rules of Civil Procedure (its “Civil Rules”) empower the parties to gather evidence, including that in the control of opposing parties and reluctant witnesses. The Civil Rules do this ... applies to All States

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

Family Medical Leave Act
Federal and state laws protect employees from unfair and unlawful treatment at the hands of their employers. One of those laws is the “Family Medical Leave Act” or FMLA. FMLA became federal law in... applies to Pennsylvania

When Your FMLA Leave Expires in California
One of the more common mistakes that employers make with regard to employees' medical leave and disability rights under ADA and FEHA is assuming that just because an employee's FMLA or CFRA leave has ... applies to California

What is considered a wrongful termination in Ohio?
We are often asked by individuals and other attorneys, what is considered a " wrongful termination " in Ohio. The term "wrongful termination" really includes a wide variety of unla... applies to Ohio

Dont Let Your Employer Misclassify You As An Independent Contractor
Enter your article here The Federal Government and President Obama have announced that they with the IRS will be cracking down on enforcement of employers that misclassify their employees as 1099 inde... 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

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

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

Five Facts About Pregnancy Discrimination
Pregnancy discrimination means treating someone unfavorably because of pregnancy, childbirth, or a pregnancy-related medical condition. It can also include retaliation for taking paid family leave . F... applies to All States

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

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

Josh Morrow Workplace Fairness Fund for Employment Litigation Court Costs.
The Josh Morrow Workplace Fairness Fund provides loans to attorneys representing employees in litigation against their employers. Loans must be repaid from any recovery but are generally forgiven if t... applies to All States

7 Things You Didn’t Know About Medical Leave Of Absence From Work
Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid’s soccer game, praying... applies to All States

3 Ways Employment Law Measures Disability Discrimination
Rather than asking the question of ‘if’ an individual is disabled, the laws that regulate disability discrimination attempts to measure ‘how much’ a person is impaired by their... applies to California

5 Ways Employers Can Discriminate Against Workers
5 Ways Employers Can Discriminate Against Workers Employers can, unfortunately, find different ways to discriminate against their employees. Particular classes of people and different characteristics ... applies to All States

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

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