Employment Discrimination Lawyers and Labor Law Lawyers

As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.

If you are a woman and you've been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

What I need to know in high school to become a lawyer?

I'm going into my sophomore year of high school and everyone's asking "What are you going to do after high school?" Well I want to be a lawyer, specializing in Employment I think. I live in Fresno, California. What do I need to know while i'm in high school, and after high school?

Hi Jess,
I hope you have much success in life. Getting into law school is the first step to become a lawyer. Law school is a three-year program of full-time, concentrated study that leads to the JD degree. You usually need a college degree to apply for law school, but sometimes exceptions are made for special students. To get into law school, your next step is to take the Law School Admissions Test, affectionately known as the LSAT. The LSAT test does not focus on law or legal concepts, but on logic problems and puzzles, which test your ability to reason logically.

After you graduate from law school, and after you pass the Bar Exam, you will be licensed to practice law in your state.
If you want to know a little more about what law school is like, here's a good source

Los Angeles Employment Lawyer California Attorney

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Can a US company employ a foreigner telecommuting from abroad?

Is a US company allowed to employ a foreigner telecommuting from abroad? E.g. a Frenchman living in Ecuador? Without a greencard/visa/work permit, since he does not live in the US?

sure, it can

as the foreign employee (individual or company) works outside US, the american immigration, employment and tax laws do not apply.

Hijra/eunuch at Shivananda circle harass women - absence of police control

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California Employment termination question. I have a friend who was just terminated after 2-1/2 years of work?

with a company. This was an at will employment agreement - but no reason was given for termination and it was completely un-expected. Does anyone know where to get information on the law covering this kind of action - or if he may have grounds for filing a wrongful dismissal suite?
I'm curious now - I just used wikipedia and search for at will employment. They say California is one of 11 states that has a covenant of good faith and fair dealing exceptions - AKA - Implied in Law contracts. From my reading this means termination for malice or other unfair reasons may be illegal. Does anyone here REALLY know?

California is an "at will" state, meaning you can be fired for any reason, at any time, or for no reason at all .... unless there are established procedures in the company, or with a labor contract, or if you suspect discrimination or other illegal activities. Your friend is probably out of luck. Concentrate on new employment, first. Then return to this subject at a later date. I think you have a year to sue your boss for discrimination.

What does wrongful termination and at-will employment mean in CA?

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Employment Law: Can your Employer change your hours and contract of work?

Bosses want to increase our hours by two per week and get rid of flexi working, carers leave and couple of extra days annual leave for long service workers. They say its due to the financial credit crunch and business reasons; apparently we're not performing and customer satisfaction is low which is fair enough, but they're being really nasty and dictatorial about it. They say they only need to set up a consultation process and they can force it through. Two girls I work with took up their positions 6 months ago with us because of terms & conditions etc. they turned down jobs closer to home - they feel very aggrieved and let down. I know we should be grateful to have jobs (I'm happy where I work) but its quite nauseating when you know that the Chief Exec got a 40% pay rise last year - and as far as I'm aware, she's not offered to give some back. Can they do this?

Have a look at www.direct.gov.uk. Under the employment section there is an employment terms and conditions sub section, with a link for changes to employment conditions - you should find this helpful.

If the change is made through a collective agreement then it will apply to all employees. If they are seeking each employee's acceptance to changes then an employee doesn't have to accept, but be warned, in this case the employer can give you notice and then offer to re-employ on the new terms and conditions.

Good luck

XpertHR: Redundancy pay rise

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are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?

I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..

there are numerous good law schools in California and Nevada.
you are looking at an expensive long process to get a legal degree and the competition is tough and the prospects for employment not the best.

for info such as
the training and education needed
earnings
expected job prospects
what workers do on the job
working conditions:
http://www.bls.gov/oco/ocos053.htm

Information on law schools and a career in law may be obtained from the following organizations:
American Bar Association
321 North Clark St.
Chicago, IL 60610
http://www.abanet.org

National Association for Law Placement
1025 Connecticut Ave. NW, Suite 1110
Washington, DC 20036
http://www.nalp.org

Information on the LSAT, the Law School Data Assembly Service, the law school application process, and financial aid available to law students may be obtained from:
Law School Admission Council
P.O. Box 40
Newtown, PA 18940
http://www.lsac.org

Walnut Creek Personal Injury Lawyers California Attorneys

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New Republican wave pushes pro-business agenda in states
JEFFERSON CITY, Mo. Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers.
The Cost of a Bike Accident Lawsuit in San Francisco, California

New law passed: In Australia, anyone diagnosed with HIV automatically is eligible for a disability pension...?

Because HIV has no cure, Australia recognises the disease as a terminal illness that impairs your ability to work and maintain employment. So my question is this:
How does the USA financially support HIV+ people in finding accomodation, medical insurance, access to education and training opportunities? Can HIV+ people apply for ANY government assistance or are they left out in the cold?

In the US..we do have funing for HIV Positives...and for those who have sero-converted to AIDS
Ryan White funding...is avalible for HIV/AIDS infected...it is city/state/and federal funding..for health care and medications
there are other funds avalible
AICP- AIDS Insurance Continuation Program
ADAP - a Drug program for medications
HOPWA -Housing assistance for Poeple with AIDS
Some states have PAC Med-Waiver Programs that assist with funding and services designed to keep the ill , out of the hospital and comfortable at home
Bush is continually cutting the funding, and the GLBT have had to be inventive on how to keep raise and maintain funding
Ms World Leather 2002 Karen McGee...raised almost half a Million dollars in Funding for housing services for the HIV/AIDS community..her work is still making a diffrence in the HIV community

RMT - Legal Assistance for Members

Sylvania Resources - Policy for Trading in Company Securities
Sylvania Resources - Policy for Trading in Company Securities
Ashurst - Topical employment law newsletter (October 2009)

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Burton Planning Commission approves medical marijuana ordinance; council to vote in January
Jeremy Rupinkski, director of the Genesee County Compassion Club, questioned if requiring all employees working at one of the sites to possess a medical marijuana card would violate the equal employment opportunity laws.
Kelly Worrall | reWorking Michigan: Finding Our Way | WKAR PBS

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Employment Legislation?

Does anyone know if there is any kind of legislation within UK law, concerning time taken off work by a woman who needs to attend a hospital appointment for a mommogram.
One of my friends had to go for one and now is being asked to make the time up at work, or her pay will be docked.
Could anyone shed some light on this for me please and if possible provide me with link for written proof so that I can print it off for her employers.
Thanks.

I am afriad most of these answers are right - there is no written legislation to cover this - it is down to the employer. Most companies will stipulate that wherever possible medical appointments should be made outside of working time - if your friend is a full time worker then this would be pretty much impossible however her employer is not obliged to give her the time off with pay. One option is her for her to claim back any extra time she has worked recently? Good luck to your friend.

Drafting Employment Contracts

Bernie Madoff's son hangs himself in NYC loft
Mark Madoff, a son of disgraced financier Bernard Madoff, hanged himself in his upscale New York loft early Saturday morning, exactly two years after his father was arrested in the worst fraud in U.S. history.
Employment Discrimination Lawyer - Attorney in New York

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How much should you expect for a wrongful arrest settlement?

I was in jail for almost five days and the attorney said I'd be lucky to get $5,000.
I paid for my own defence, paid for my own polygraph, bonded myself out, not to mention the emotional trauma and the fact that I won't graduate on time now due to the fact I was not allowed to leave the state (I was visiting from California).

I answer with a question: Did you break the law?

You may have been wrongfully jailed, but did you break a law that may not have warranted jail time?

Just curious.

And yes I agree it isn't fair IF you were truly innocent AND wrongfully incarcerated.

Law Offices of Stephen Danz And Associates- Sexual Harassment Attorneys, Los Angeles, CA

I have been an agency temp for 3.5 years - is there any obligation to offer me a permanent position?

Through my agency I have worked for a Local Authority for 3.5 years in a substantiated post. I would like to have the benefits of full time employment, are there any employment laws that stipulate temps should be offered a contract after a certain period of time (in the UK).

The short answer is no.

If you want the benefits of a full time position, ask them or someone for such an opportunity.

UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide

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If you work a job that only pays commission, do you file taxes differently. Why don't minimum wage laws apply

Is there some other type of employment that this falls under so that the companies don't have to pay minimum wage?
He gets a paycheck and a w2 from the company he works for. There is just no base pay, so if he sells nothing he makes nothing. Otherwise he gets commission on what he sells. I don't think that would be self employed would it?

its called self employed and you are responsible for your own taxes (best advice is pay on your earnings quarterly) most sales positions are like this

Legislation Updates - October 2010

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Why do Federal agencies REFUSE to regulate Federal employers?

Federal employer is actively violating numerous Federal Laws and regulations, yet "regulatory agencies" REFUSE to even conduct legitimate investigations. Much less take any action to bring to an end the violations of the employees' rights.

Law. The federal government is not always required to follow its own regulations which apply to private industry.

Carol Ann Swain Says Enforce Immigration Laws To Provide Jobs To Legal Workers

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I am Property manager and I want to kick my exboyfriend out? How do I do that?

My apartment is given to me because of my employment. I need to break up with my controlling and possessive boyfriend. He has a history of breaking my things/car if I try to break up with him.
I dont want to give up my job and apartment but he is such a harrasser. The local law enforcement says I have to give him a 30 day notice. I wish there was some other way I could move him out immediately but keep my job. I live in Mississippi (Community Property state). Any ideas?

Have your friend call in vandalism and they know who did it. Or you call in vandalism, and oyu know who did it. Either way, it's a legal matter and he'll be thrown into the court system.
Actually, you can tell him he has 30 days and if he's not out, you're calling the cops. Or call the cops one night when he's angry and report it as abuse. Many things you can do to get him out, especially if he's that bad.
I suggest it because he's not leaving without a fight.
PS...get a restraining order when he leaves.

Wood & Carlton PC

Employment law after contract ends?

I have a clause in my employment contract that states I cannot work for a direct competitor company within 6 months of my departure. This seems unenforceable to me because once your employment ends, so does the employment contract and thus the clause contained within it. Is that correct?

http://en.wikipedia.org/wiki/Non-compete_clause

You can always get a job that has nothing to do with your previous job, but this contract was set up for a reason, so you will either have to sit it out for 6 months or find another job that has nothing to do with your prior job. Technically your contract you signed is in effect for 6 months, regardless if you work there or not.

Borg Knight Employment Solicitors

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Spending watchdog warns of slow economic recovery
• Andrew Sparrow with all today's political news, including George Osborne's 'autumn statement' on the state of the UK economy • Read Andrew Sparrow's evening summary 9.21am: Even though half the country is covered in snow and it feels as if we are in the depths of winter, George Osborne has decided that today's the day to deliver an " autumn statement ". He will be the first chancellor to ...
EQUALITY ACT 2010 - OUTLAWS DISCRIMINATION DISABILITY IN EMPLOYMENT, HOUSING & EDUCATION...

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Anti-discrimination law reviewed in Haverford
HAVERFORD — A proposed anti-discrimination ordinance that would add provisions for sexual orientation and gender identity/expression sparked lively discussion at Monday’s work session, when it was reviewed in preparation for the Nov. 8 commissioners meeting.
Discrimination on the grounds of age, race, religion, sexual orientation

Court returns to campaign finance (UPDATED to 12:08 p.m.)
The Court grants three new cases, including a test of the constitutionality of state subsidies to political candidates, and a significant test case on challenges to the validity of patents. (UPDATED to 12:08 p.m.)
'Racist' Bill Blocked: Arizona immigration law takes a hit

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What does "your case is in the security office" mean? Is it sitting somewhere gathering dust or what?

I have an application pending with a federal law enforcement agency. This is my status.
Category Status Remarks
Pre-Employment Forms completed:All pre-employment forms have been received.
Qualificationscompleted:A review of your work experience and/or education has been completed and you have been found to be qualified at Grade 7
Medical Examcompleted:Medical requirements have been successfully completed.
Structured InterviewcompletedCongratulati... You have passed the interview process.
Drug Screeningcompleted:You have successfully completed the Drug Test requirements.
Background Investigation pending:Your case is in the security office.
Fitnesscompleted:Fitness test has been successfully completed
It has been 12 months since date of application.

They are waiting for the results of your background investigation to come back. Generally, this is the longest part of the process.

California Employment Laws & Labor Rights

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Close Ohio gay-rights vote mirrors national debate
Thirty years ago, a vote like the one just decided in this university town wouldn't have happened; gay-rights activism hadn't taken root across most of America. Thirty years hence, such votes may seem a historical curiosity in a time of equality for gays.
QBE discusses Equality Act

UK Employment Law question. Please see below?

Is their a UK Government Body or Department that protects Employees? I think my wife's Employer is conning his staff and I wondered who I could report them too. There is NO head office to refer it to and the person doing the conning (in my opinion) is the Employer himself. I've already tried ACAS and they weren't much use.

I had a wry smile to myself when I read your question; the husband of an otherwise satisfactory employee of mine drove me close to dismissing her based on the amount of time he was wasting sending letters about how she wasn't being treated properly and how he was going to report me to ACAS, the police and Trading Standards - the whole incident based on the fact that she'd made a mistake with her NI number and a request had been made to her to provide her NI card or a document with the number printed to prevent the mistake being repeated.

All that by way of saying that your wife is an adult and that, while it's laudable that you're trying to protect her, you really shouldn't be creating an atmosphere in her workplace that she'll have to deal with while you're remote in the background and safe from fallout. If she's being 'conned' then there are avenues which your wife can pursue, perhaps with your assistance if she asks for it.

XpertHR: New UK Government

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Do you think there is danger of our surrendering to a police state?

As I look around at the freedoms Americans have given up without much thought in the last few years, I have to wonder: are we poised, willing and ready to become a police state?

I understand your fears after 9/11 phones tapped, photo radar etc I do not believe we are in a Police State yet the best thing you can do personally is study the candidates & VOTE!

Review Your Employment Decisions With Statistics

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are small private restaurant exempt from paying overtime?

I was working in a restaurant for many years. Upon my terminating my employment I had already worked 4 days when I quit. I called the owner and asked for my 4 days pay and she refused to pay it. i also worked many hours in a week and only got straight time. Is a small business exempt from the labor laws

Nope. If you worked over 40 hours per a given week, the excess hours over 40 should have been paid at overtime rate. It is also wrong for them to refuse to pay you for the 4 days you are owed for - that is seriously wrong. This happens quite a lot in restaurants, I hate to say. But it's true. They often hire illegal immigrants (or even legal immigrants) and pay them way less than minimum wage, taking advantage of the immigrants lack of understanding of American law (specifically the FLSA - Fair Labor Standards Act).

I'm not entirely sure how you should pursue this - it's your decision. If it was me, seeing as how I didn't get my final paycheck for hours I had worked, I'd be calling around to various agencys like the local Department of Labor to look into the matter. Yes, that's called whistle-blowing. But sometimes, someone has to stand up and make things known about illegal activities. I'm pretty sure this business is not properly filing taxes or distributing tips properly either. It would have been much simpler for them to have just paid you your wages for the days you worked. Now - as I hope you will - they will be reported and be investigated and probably have an audit done on their bookkeeping record.

Overtime Law Interview Part 1

How i can get a helping hand from Donors for the rehabilitation of Special Persons in Pakistan?

We are Lawyers working for the rehabilitation of Disable Persons through employment under Secial law of the country. We provide them Legal Aid via taking/contesting their cases in the proper Courts of law. At preset we are facing difficulties in collecting DATA of Special persons, approaching them, convincing them, make them ready to avail their rights and contest their cases in the proper court of the country. Viewed in this direction we need financial aid from all the donor agencies in this humble task

Sounds like a scam to me!

Current Issues In Employment Law That HR Needs To Know About

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Bank BPH SA UK Regulatory Announcement: 3rd Quarter Results
WARSAW, Poland--(BUSINESS WIRE)--Condensed Interim Unconsolidated Financial Statements of Bank BPH SA 3 quarter 2010 Contents Income statement 3 Statement of comprehensive income 4 Statement of financial position 5 Statement of changes in equity 6 Condensed statement of cash flows 8 Notes to unconsolidated financial statements of Bank BPH SA 9 1. Basic information about Bank BPH 9 2. Statement ...

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Disciplinary procedures in employment?

I as an employee fell down a customer's fire escape whilst delivering. As a result I was given a written warning for breaching Health and Safety rules for using the fire escape when I was advised 2 weeks previously by the customer that there was an indoor staircase I could have used. I have never had a verbal warning from my employer in the past. I have been told that if I breach H&S rules in the future, I will receive a final written warning. My question is a) is it employment law that a verbal warning should come first, and b) shouldn't warnings be spent after 12 months?
I feel as if I will be working in fear of another accident in the future being used as grounds for dismissal regardless of how far in the future this happens or the cause of it. Can anyone help me with my legal position please?

In most cases your employer must give you a verbal warning first but if the employer thinks that it is gross misconduct they can give you written or dismiss you traight away and as you had an accident while at work they saw that as a threat to them to hence why they jump for the written warning to cover them selves.
http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm
Theres a link that will tell you about it and will also tell you how to bring up grievence if you think it was unfair they gave you a disaplinary. Hope this helps

Do we have to go through a redundancy procedure if we can offer other work at a site 20 miles away?

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High court to decide dispute over taxes on 'free' cell phone
Supreme Court cases often turn on tricky interpretations of a word or phrase that serve to buttress a broader legal principle. The magic word at Tuesday's oral arguments was "unconscionable," and how it applies to consumer disputes and arbitration.
Radoslovich Law Corporation - Sacramento, CA

E-books download?

Please tell me the name of any site from where i can dowmload e-books for free or copy the books available on those sites for free. I m specifially looking for books on topics like

Download a bit torrent file before you download off of these sites. (found at download.com)

1. http://www.torrent-finder.com
1. http://www.torrentspy.com

Search through those sites.

Fazio DiSalvo Cannon Abers Podrecca Fazio & Carroll FL

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ECJ closes employee transfer loophole
Employees of a firm which is transferred to another company must retain their rights even if the company with which they had an employment contract does not transfer, the European Court of Justice (ECJ) has said.
LG Employers Employment Relations Podcast September 2010

Can plaintiff's attorney be charged with aiding and abetting a fraud on the court by defense counsel.?

Is there any precedence where a plaintiff's attorney refuses to place in evidence proof of defense counsel's subornation of perjury and perjury of defendant’s witnesses, as a aiding and abetting a fraud on the court? The case involves wrongful termination for employment discrimination and retaliation for refusing to help the company win a $2 billion defense contract by using the competitors trade secrets and competition sensitive documents. Plaintiff's attorney would not even consider forwarding evidence of violations of federal law to the US District Attorney. Plaintiff's attorney did not object to 11th hour evidence and allowed defense counsel to submit material evidence that if known would have precluded summary judgment on all but one of the causes of action; this adds to the possible aiding and abetting a fraud on the court by defense counsel and his witnesses.

I don't think you will find your answer on YA.

Over-70 Exception Does Not Apply to Nonrenewal of Employment Contracts Based on Age

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What type of small gift can I give to a lawyer who provided some free legal advice?

I called up a law firm I hadn't dealt with before with a quick question about a particular area of law and faxed a document. One of the lawyers called back and verbally told me what he thought (it had to do with an employment contract). When I asked how much I owed, he said it was "on the house" and he was happy to help.

A nice bottle of scotch

Estate Planning : How to Find a Pro Bono Lawyer

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'I worked hard serving this community'
Weekends in Tahoe. Regular trips to Hawaii. Nannies, even.
Detailing the FY2011 Budget

Labor investigates vets' overtime issue
The U.S. Department of Labor will investigate alleged overtime pay violations at a suburban Cincinnati animal hospital run by a veterinarian and his daughter.
Definition of Sweat Shop: cut a stone with this old blade!

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What is the left trying to do to us?

Soon, it will be passage of the Employment Non-Discrimination Act (ENDA), which would criminalize traditional morality in every workplace with 15 or more employees. After that, they will try to overturn the Defense of Marriage Act. Finally, they aim to pass an "anti-bullying" law that will threaten schools with losing federal funds if they refuse to force kids to read Heather Has Two Mommies and Gloria Goes to Gay Pride. The agenda is breathtakingly ambitious, and would be unimaginable to previous generations.
Finally, they aim to pass an "anti-bullying" law that ......

Don't worry November is almost here.

Motivating Employees- An employee speaks

Is a 16 year old considered an adult with employment law if they are emancipated from their parents?

Would he/she be subject to the laws normal 16 year olds are regarding hours aloud to work and breaks?

your still a minor so the minor labor laws apply

emancipated minors still have to attend school and act responsibily

Donald Trump: "You're Fired" Employee: "You Just Got Served"

which aspects of employment are covered by law in the uk?

i am doing a svq and i have to answer this question and dont really understand it please help !!

Not only the things mentioned in the first answer, such as discrimination, but things like the right to retain your job if you are pregnant, leave if you are about to become a father, a right to (unpaid) leave for "emergency family care" (ie looking after children who are ill or unexpectedly off school), a right to a minimum standard of employment contract, spelling out things like period of notice you must give to terminate, period of notice employer must give of termination or variation of terms, right of young workers to work in conditions which does not interfere with education, disciplinary procedures (warnings, verbal and written), and these must be included in a contract. If they aren't, or if there is no written contract, the law presumes a standard contract as written in the Employment Rights Act. There are also other rights like the working time directive, EU legislation which allows a worker to refuse to be forced to work more than 40 hours per week, unless the job is exempt from the directive (NHS, Forces, Police, food production, work where it is imperative to carry on until the task is complete), the national minimum wage, protection from harassment and constructive dismissal (forcing someone out of their job). Harassment can occur even away from the usual workplace, and allegations can be deemed to be true unless proven false, and employers can be held vicariously liable for the behaviour of their staff to each other.

Entertainment & Media Law : What Is an Entertainment Lawyer?

How do I comply with tax and employment laws when hiring a full time housekeeper?

My father-in-law needs to hire a full time housekeeper and he wants to know if there is a resource out there that can help him comply with all IRS tax laws and department of labor laws. Also, he's like to know if he needs insurance or any other things he should be concerned about. Thanks for the advice!

IRS Schedule H Instructions describe Household Employment Taxes:

http://www.irs.gov/instructions/i1040sh/index.html

Usually the person hired as you describe would be an employee, so your father would have to do as instructed on Schedule H. If your father hires someone from a service, he would just pay that service, no 1099 would be issued. It is unlikely that a full-time housekeeper would be considered an independent contractor/sole proprietor.

If your father needs a full-time employee to help him because of a medical condition, some of those expenses may be deductible as medical expenses. Read about medical expenses here (see Nursing Care, Home Care):

http://www.irs.gov/publications/p502/ar02.html#d0e1858

Collective bargaining refers to?

a. the process by which the government sets exemptions from the minimum wage law.
b. setting the same wage for all employees to prevent jealousy among workers.
c. firms colluding to set the wages of employees in order to keep them below equilibrium.
d. the process by which unions and firms agree on the terms of employment.

Is this a question on your exam?

What I've learned in school is that Collective Bargaining promotes friendship among the workers and the employers. So I guess my answer would be the closest one, letter B.

HIRE Act Part 1

Hi can any help please am very worried about my job situation .I work for Royal Mail and my mail centre?

is going to close soon .We have know about this for over 2 years now .We where given options of what we could before christmas one was go to another mail centre much furthe away and to far for me to travel or taken redundacy with a enancement so i go talk at time i would get £5500 but don,t if i can trust them on this as they have changed the goal post that many times .Can some who as took redundacy from Royal Mail please if they kept there early promise of how redundacy they would get payed .Also some from employment law give me some advice on thiis .I have worked there 2 and years

http://www.adviceguide.org.uk/index/life/employment.htm
http://www.acas.org.uk/index.aspx?articleid=1365

BPP Pro Bono Centre - Employment Law Telephone Advice Line (ELTAL)

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Is an employment tribunal a court of law and subject to the laws of perjury etc.?

I am taking my former employer to tribunal for automatic unfair dismissal after he sacked me when we all volunteered to be laid off, rather than one of us agree to go. Now that he has received the papers, he has fabricated a story that genuinely has no truth whatsoever, even trying to say I accepted voluntary redundancy, despite him not making any redundancy payment. He has submitted this fantasy diatribe as his defence. Can he be prosecuted for perjury / perverting the administration of justice? I can disprove every word of his submission and he knows he has no chance of winning. Also, he has threatened my ex colleagues, both of whom are willing to attend, with the loss of their jobs, if they attend the tribunal to tell the truth!

When you and he give evidence it will be under oath so perjury will apply.

Make sure your case is watertight. Many a person goes into court / tribunal every day a winner and comes out a loser.

Incidentally, you do not have to employ a lawyer but if you do not your chances of winning are greatly reduced. The reason being that you need to know the 'law' as opposed to just thinking you have a good case.

Unfair Dismissal of West Gate Bridge Workers

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Exercise of organisation right: collective bargaining
Once a trade union has duly complied with the procedure required for organisational rights, the parties to the agreement are encouraged to regulate or exercise their organisational rights by means of collective bargaining or agreement.
Is it advisable to establish a formal redundancy procedure, and if so, what should it cover?

Where could I find free lawyers in chicago? for employment.?

Is there any website or an ad out there? I never got paid on my last check on a company who went out of business. Please any one help.

There's no such thing as a free lawyer.
You can get legal aid by calling Prairie State Legal Services. They will refer you to a lawyer that works with sliding scale fees.
Also, call the Board of Labor and put in a complaint about not receiving any pay. They may be able to help you as well.

Employment Attorneys Chicago, Employment Law Chicago, ChicagoLaw

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what are the job prospects like for someone graduating from columbia law school or nyu law school?

how difficult is it gain employment in the law field?

According to Bureau of Labor Statistics, USA, Employment of lawyers is expected to grow 11 percent during the 2006-16 , but Job opportunities often are adversely affected by cyclical swings in the economy.
The employment prospects for some one graduating from columbia law school or NYU law school are incredible

Sweaty dogs and Employment after law school

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Where to find information on, and how do I change my affirmative action response to Latino from white male?

I would like to know how I go about changing my affirmative action response to Latino, from white male. Can I just start filling out employment forms, student loans paper, goverment grant papers as Latino? There is a good chance I fall under this class based what I have learned. What is the Goverment standards, is it like the Jim Crow Laws which is a one drop rule? I am very serious, and would like this knowledge.

wrong section

Baptist Memorial Health Care Class Action Lawsuit Fox13 News

what are the rules of self employment or sub contracted?

im a hair dresser . i pay own tax and ni. we dont get paid holidays and treated as self employed but have to work 9 to 5 even if we dont get clients in but then we dont get paid. we only get paid for the work we do. we are now told we are subcontracted to work those hours. what are the laws and where do we stand

This is a big con. If you HAVE to work the hours specified by the salon, you can't be self employed. Its a way of employer's not having to pay holiday pay and NIC, etc. I would contact your local tax office and ask to be put in touch with the status inspector and ask them to give a ruling on your status. It's shameful the way employers try to dodge their responsibilities.
The sub contract situation the previous answerer speaks of relates to the construction industry.

Internships: Know the Rules

Newspaper will appeal ruling
The Juneau County Star-Times will appeal a Circuit Court judge's decision that blocks the newspaper's access to an attorney's bills.
Milwaukee Disability Claims Lawyer Wisconsin Attorney

has anyone been involved in an age discrimination law suit?

I was recently let go from a brand new job, after I had left previous employment because they told me that the funding source wanted a younger person for the position that they hired me for.

There was never a better case of discrimination. Call your local EEOC

Age Discrimination in Employment in Japan

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Labour and Employment
The United States Department of State is proposing to amend the International Traffic in Arms Regulations ("ITAR") requirements regarding dual nationals and third-country nationals employed by recipients of controlled goods and technology.

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Jane Addams and her coworkers at Hull-House did all of the following except?

Jane Addams and her coworkers at Hull-House did all of the following except

2 seems very odd to me as they HELPED poor immigrants in the U.S.

That would be my guess.

Labour and Employment
On August 6, 2010, Governor Deval Patrick signed legislation reforming the Criminal Offender Record Information Act ("CORI Act") in Massachusetts. The CORI Act provides the mechanism through which employers and other interested parties can access Massachusetts criminal records.
Boston Litigation Attorneys Massachusetts Lawyers

Wal-Mart asks Supreme Court to block giant gender bias lawsuit
Wal-Mart faces what would be the largest class-action employment lawsuit in history over claims of gender bias. It has asked the Supreme Court to intervene.
Jon Kyl on the Dennis Prager Show - April 28, 2010

Employment Law For Immigration Attorneys
Immigration law news on visas, greencard and citizenship. Find how to get US visas, green cards and citizenship. Immigration CLE Seminars for Lawyers. Immigration Law Books for Attorneys.
What's The #1 Mistake An Employee Makes If They Suspect Discrimination In The Workplace?

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I have been told that employment law gives you 3 mths to make a claim for loss of job- I need more info?

My employer labeled me as 'MILITANT' which is defamation of character when all I did was refuse to break the carriage of dangerous goods regulations.
He also exploited and bullied me until I was out of a job.

Agree with JZD and old.holly265.

The "reasonably practicable" rule is interpreted increasingly narrowly by the court, and there is nothing in your situation which suggests you would have a case for an extension on that basis. Extensions only tend to be granted now where circumstances mean it was physically impossible for the applicant to have made the three month deadline, for example due to severely debilitating illness.

You can still apply of course, but you will be wasting your time.

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Compassionate holiday (UK) only please?

My wife's annual leave ran from April 1st 2007 to April 1st 2008 and she recieves only 10 days holiday a year as she is deemed as a part time employee. During her last leave year she had used up all her annual holiday but had to take compassionate holiday. It wasn't a case of swinging the lead it was the fact that our daughter was seriuosly ill.

As a mother she is entitled to unpaid compassionate leave from work

As they have decided it was holiday leave then she may have been misunderstood or they have made an error.

If she was paid for the leave then they assumed it was holiday leave regardless of the reasons for it or when it was taken. If they didnt pay her for it she should remind them that the leave was unpaid compassionate leave.

She should approach her employer about it to get it resolved

If you want more info on rights concerning workers leave then have a look at the ACAS website

How can I declare my employment to the UK government if my employer don't want to do so?

Hello all,

Get in contact with your local Customs & Excise

http://www.hmrc.gov.uk/index.htm

Labour Inspection in Italy by an elite unit of the Carabinieri and the Ministry of Labour

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Compromise Agreements: A Good Way Of Resolving Employment Law Disputes

In the UK, where there has been an irretrievably breakdown in the relationship between employer and employee, one possible solution is for both parties to enter into what is known as a 'Compromise Agreement'. A Compromise Agreement is a legally binding agreement which allows the employee to receive an agreed lump sum as compensation for loss of office, the first ₤30,000.00 of which is tax free (plus an agreed reference in certain cases), in return for agreeing not to pursue their case against the employer to the Employment Tribunal.

Most types of employment law dispute can be resolved by way of Compromise Agreement, anything from an unfair dismissal situation to race and sex discrimination.

To be valid, the Compromise Agreement must be in writing, specify the dispute being settled, and state that the conditions governing Compromise Agreements have been complied with. The employee must also have received independent legal advice on the Compromise Agreement from a qualified person insured to provide it (i.e. the employee's solicitor), and the Compromise Agreement must identify who that person was. Usually, the employer pays the costs involved in the employee taking this advice.

The standard terms that are normally incorporated into the Compromise Agreement include: the size of the payment, that the employee will not pursue any claim against the employer, that the first £30,000.00 will be paid tax free, that the employer will provide the employee with an agreed reference, a tax indemnity, confidentiality, no derogatory remarks by either party about each other, return of company property, and that the employee will continue to abide by the restrictive covenants in their contract of employment.

About the Author

Richard Antrobus is a Solicitor with The Employment Law Solicitors who handle dismissal and discrimination cases on behalf of both employers and employees nationwide throughout the United Kingdom. He is also the author of the firms two websites, The Employment Law Solicitors and The Compromise Agreement Solicitors. Visit the website at: http://www.theemploymentlawsolicitors.co.uk and http://www.thecompromiseagreementsolicitors.co.uk

Vera Richardson's Promotion of "A Case of Racial Discrimination and Retaliation Real or Imagined"

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In California Law??

Can the EDD (Employment Development Department) keep a 17 year old supposed lien on me,I always paid my unemployment paid, even had a payroll doing this. They took $1,000.00 from me that was mine- the supervisor of the jerk I talked with gave me a false phone number for her, I had to call the fraud unit just to get her phone number. She sounded nice and is to call me back on this Tuesday, can they put a lien on my house? Attach wages etc....they say I owe them over 14 thousand dollars and do not know what to expect....Please Help.........Thank You. I do not even have records from 17 years ago and have never heard from them............

No one can give you an answer because you have given no relevant facts except the amount of the debt.

In general, if the debt is valid then yes, a lien can be placed on any real property.

Court Backs Schwarzenegger On Minimum Wage Pay For CA State Employees

Panama Law Firms and Lawyers

Panama lawyers are often best found by talking to locals about who they would recommend. Not surprisingly, many lawyers in Panama have been educated in the United States and are members of the American Bar Association. Everyone says you can not do anything in Panama with out a lawyer, so everyone goes searching for a Panamanian Lawyer. Put simply you need a lawyer to do your incorporations, you need a different lawyer to handle immigration and visas and you need a lawyer who specializes in Real Estate. The services are known to be delivered in a highly competent manner, as public education through college and professional schools is a top priority in this culture.

Panama's Legal Environment

Panama is, also, an evolving Latin American country with abject poverty adjacent to staggering wealth. Panama's dynamic economy is changing at warp-speed. Panama is now seen as the hottest real estate market on the globe. Panama's national currency is the US dollar.

Panama is a culture of diversity and, accordingly, has no "axe to grind," or national policy to export abroad. Panama has taken its role and reputation as a tax and investment destination very seriously. Panama has a very strict anti-drug money laundering statute to insure the integrity of its banking system. Panama is the banking center of Latin America and is respected as such.

Quality of Panamanian Lawyers

Only Panamanians can be licensed as lawyers in Panama and it is widely recognized that law schools in Panama turn out poorly educated lawyers. They are most likely fat, drive a black Mercedes and also tell you they are specialists in all aspects of law and you have to look no further for all your needs. All good Panama lawyers thank you for keeping them in style.

Common Legal Services

If you want to hire a Panama lawyer for business purpose then the selected lawyer should have adequate and up-to-date knowledge so as to help you with business formation, property ownership, breach of contract, business disputes, employment, trade mark, insurance, trust, etc. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters. Other areas commonly handled by Panama lawyers are admiralty law, vessels registration and ship mortgages to more complex issues including maritime litigation, arrest of vessels, ship ownership transfer, panama shipping services, finance transactions, and drafting maritime contracts or credit and security instrument, offshore incorporation of offshore corporations, Panama, international business companies, tax shelter, tax minimization, asset protection, private foundation / offshore foundation, banking, banks, offshore banks, offshore banking, trademark, offshore trademarks, second passports, immigration law, maritime law, yacht registration, vessel registration, offshore yacht registration, offshore vessel registration, lawyers, offshore lawyers, attorneys, panama attorneys, panama lawyers, offshore, legal services. Offshore corporations,foundations, bank accounts, credit cards, debit cards, asset protection packages, immigration and family law to name but a few.

Legal

Since lawyers help you to overcome legal problems, early and timely consultations with an appropriate Panama lawyer shall prevent any problems which may otherwise arise if proceeded with lack of knowledge whether it is concerning business, immigration or any other purpose. Proper legal advice from a proper Panama lawyer would not only help you to fulfill the legal formalities but, shall also prove to be time saving and economical. Hence Panama lawyer proves to be a great source of support regarding any legal formalities in Panama. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters.

Investors are cautioned to retain the services of licensed professionals when considering real estate investment because the laws and practices in Panama are different than in the US, as certain lands are untitled. Minimize the legal risk derived from the wrong application of Law. When in Panama it is important to play it safe and always get another legal opinion.

About the Author

To learn more about Panama Law Firms & Panama Lawyers visit Offshore Legal.

NELA at 25: Our History and Future

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Maternity Leave - Rights for Employees

Rights for employees

By law, all pregnant employees are entitled to ordinary maternity leave of 26 weeks. Employees who worked for their employer continuously for at least 12 months are also entitled to an additional maternity leave. Employees may have additional leave rights under their contracts. Employees have the right to return to work at the end of their maternity leave. If refused, or otherwise treated unfavourably, they may also have additional claims for unfair dismissal and sex discrimination.

Prescribed procedure

To take maternity leave, you must follow a prescribed procedure. You will have to inform your employer of your pregnancy, the expected week of birth, the date on which you would like to start your maternity leave and, if you are absent from work for a pregnancy-related reason, the reason for your absence.

You cannot start your maternity leave before the beginning of the eleventh week before the expected week of birth, unless you gave birth earlier. You may start your leave before the notified date if you are absent from work for a pregnancy-related reason.

Maternity leave periods

By law, there are two maternity leave periods:

Ordinary maternity leave. This lasts for 26 weeks. You have the right to return to your old job at the end of your leave on terms and conditions no less favourable than would have applied if you had not been absent on leave, provided you give your employer at least 28 days’ notice. During your leave, you are entitled to your contractual benefits, except for remuneration. You are likely to be entitled to Statutory Maternity Pay (SMP).

Additional maternity leave. This is available if you have worked for your employer continuously for at least 26 weeks at the beginning of the 14th week before the expected week of birth. It starts at the end of the ordinary maternity leave and can last for up to an additional 26 weeks. Your contract of employment continues during the leave period and some contractual benefits and obligations remain in force. You have to give your employer at least 28 days’ notice if you want to return to work. You have the right to return to your old job or to similar job on no less favourable terms.

If you also have a right to take maternity leave under your contract, you may take advantage of only the more favourable of your rights.

Remedies

If your employer breaches any of your maternity rights, or otherwise treats you unfairly because you are pregnant, you are likely to have a sex discrimination claim. In addition, if you are not allowed to return to work at the end of your maternity leave, you will be treated as having been dismissed and may have a claim for automatic unfair dismissal. If you are made redundant whilst on leave, you may also have a claim for redundancy payment.

For unfair dismissal and sex discrimination, the most common remedy is compensation. Compensation for sex discrimination has no upper cap but will be limited to an amount which will put you, as far as possible, in the position you would have been in had you not been discriminated against.

Compensation for unfair dismissal is divided into a basic award and a compensatory award. The compensatory award depends on your actual losses and is capped. You have to take reasonable steps to minimise your losses, for example, to look for another job.

If your employer breached the terms of a contractual leave policy, you may also have claim for breach of contract.

Complaints

You should make your complaints at the employment tribunal which is local to where you work (or worked). Sex discrimination, unfair dismissal and breach of contract claims must normally be presented within 3 months of the effective date of termination. A claim for redundancy payment has to be made within 6 months of the relevant date. Only in truly exceptional circumstances, a tribunal may allow you to make a complaint out of time. You may, as an alternative, bring a breach of contract claim in the county or high court, within six years of the effective date of termination.

If you would like to find out more about the services that we provide, please visit our website mfg Solicitors Maternity Rights

About the Author

mfg Solicitors Employment Law advice on all issues relating to your employment.

Aba Approved Law Schools

If you're looking for a career as a paralegal, finding the right school can be challenging. Not only should you be looking for a top ranked education, but you should be looking to ensure job placement after completing your degree. While there are a lot of items to consider when looking into a paralegal program, few aspects are as critical as being approved by the American Bar Association (ABA). ABA approval is a mark of excellence within the legal profession.

According to the American Bar Association, "Law schools approved by the American Bar Association (ABA) provide a legal education which meets a minimum set of standards as promulgated by the ABA. Every jurisdiction in the United States has determined that graduates of ABA-approved law schools are able to sit for the bar in their respective jurisdictions. The role that the ABA plays as the national accrediting body has enabled accreditation to become unified and national in scope rather than fragmented, with the potential for inconsistency, among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico,

ABA approved Paralegal institutions offer Associate of Applied Science, Post Degree Certificate, (only those who have already obtained a bachelor or associate degree are qualified). Bachelor of Science degree on Paralegal Studies and Certificate in Legal Nurse Consulting are two other programs offered by ABA approved paralegal study institutions.

Training is an essential part in becoming a paralegal. Without proper paralegal training an individual will not be able to handle the challenges of working for an attorney. In fact, most attorneys will not hire someone without paralegal training. Additionally, most lawyers prefer working with paralegals who have obtained a certificate through an ABA Approved program.

Also problematic is the fact that most of the ranking are based, at least in part, on the subjective opinions of individuals at the various schools. Of course, such subjective opinions are likely to simply reinforce the historical opinions regarding the "top tier" law schools. Indeed, if you look at these rankings historically, you will find that they really haven't changed much over the years.

A career in Law can be very stressful, but also very satisfying and lucrative. The average annual income for practicing attorneys is between $64,000 and $143,000. Lawyers employed in the private sector are typically paid more than those who practice in the public sector.

If you are just starting out with no related experience or education in law, you might want to get your feet wet with a course in Legal and Paralegal. A legal paralegal course would be a great testing ground to see if you are really ready to start on the path to law school, and it would give you the leading edge once your legal studies begin in earnest.

This can be helpful to know since there are more than one thousand institutions which are offering paralegal courses. Going through each of them so that you can be able to determine the ones that are offering ABA approved paralegal courses can be quite a hassle.

When you are looking into an online law degree program, it is important to check whether the program has the proper accreditation. That usually means accreditation by the American Bar Association (ABA), which is the leading national association for attorneys in the United States. If the program you take does not have the approval of the ABA, then you will not be allowed to sit for a bar exam in any state with the possible exception of California. (Programs accredited by the Committee of Bar Examiners of the State of California may qualify law students to sit for the bar exam, but only in California.)

About the Author

Read About International study programs and also read about aba approved law schools and writing career

Canadian Bar Association Young Lawyers International Program

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Event honors Disability Act
It was easy to identify people celebrating the 20th anniversary of the Americans with Disabilities Act on Sunday at the Town Common. Not because of their wheelchairs or other assistance devices, but because they wore bright orange T-shirts.
2009/10 Provincial Premier's Awards Finalist - Employment Standards Branch

Privacy laws in Canada protecting employees personal information?

My T4 slip was given to an individual to give to me from my former place of employment. Although I trust this person, it was done without my consent. It contains my full name, address, postal code, and social security number. What are my rights as an ex-employee? Aren't there privacy laws against my information being shared? What can be done about it?

Yes there are laws. But in your case since you claim you "trust" that person so you can't really say you suffered any damage. At most your employer could be given some small fine but not a big deal.

It would be a better case if the information would have been given to strangers or people you don't trust.

Still what your employer did was wrong and technically you could take legal actions against them. Also you can put a formal complain on your local labor bureau.

Don't answer The census of 2010

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Drivers' License Changes Creating Dilemma
CENTRAL FLORIDA -- A new state law designed to protect your safety may have backfired. Florida has made it much tougher to renew a drivers’ license, but it's so tough WFTV found it may be driving thousands of people to break the law.
Green Edwin A II Tallahassee FL

Minors Working For 85% Of Minimum Wage (CA) Question?

here

1) YES
if they will hire you,
if the job is NOT on the list of hazardous occupations,
and the job is NOT covered by FLSA.
and NO
if it is covered by FLSA they would have to pay at least $7.25 unless you met the requirements for the youth training wage see: http://www.dol.gov/elaws/esa/flsa/docs/ymwplink.asp

2) YES

3) it is legal in California to be gainfully employed at 12 if the business is NOT covered by FLSA otherwise the age is 14, there are limits on the number of hours and when they can be worked but it is totally legal for you to be employed..
see: http://www.youthrules.dol.gov
and
http://www.dir.ca.gov/DLSE/childLaborPamphlet2000.html

When to file Auto Accident Lawsuits in San Francisco, California

Texas Small Business Contract Employment Laws?

I am a small business owner in Texas (one-man operation). I would like to hire some people as contractors to make cold calls for me. The salary would be commission only. What laws or guidelines do I need to know about? Because they'd be contractors, I don't have to worry about paying insurance or unemployment or anything else do I? And I would only pay taxes on their commission, right? Your help is greatly appreciated.

Wow you have an interesting question! Have you thought of asking a lawyer? Probably worried about the cost? What if I can get you unlimited contact with a lawyer for personal and your business questions for less than a 3 dollars a day? I can help you and your business.

http://www.biz.darrenhale.net

Ambit Energy Texas Opportunity Part 1

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Wednesday headlines from 13abc Toledo
Numbers released of damage in June 5 tornadoes, teen survives Mich. plane crash, shed fire in Defiance...
Saudi Arabia.

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10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois

1)Who Gets Tested

Illinois has a required drug testing law. This means that certain individuals must be tested if involved in certain types of jobs or activities. This is to ensure the safety of the public at all times. Otherwise drug testing is at the discretion of the employer.

2) Types of Drugs

The state of Illinois requires no specific drugs be tested for. It is up to the employer to decide what drugs they wish to look for. Of course it is standard practice to test for those drugs that will cause impairment and the inability to safely complete a job.

3) Company Disclosure

There is no requirement for a company, public or private, to post notice in a public area that they conduct drug testing.

4) Written Policy

Only public works requires a written policy on drug testing. Otherwise no employer, public or private, must have a written statue in the employee handbook that describes the companies policy regarding drug use and drug testing.

5) Test Types

There are no state laws or statutes that require mandatory types of testing by a company either public or private. There a company can opt for drug testing using a blood sample, hair sample or urine sample.

6) Drug Test Fees

All fees are the responsibility of the employer. No employer, public or private, can require any employee pay for any drug testing regardless of the type of testing of frequency of testing.

7) Who Must Be Tested

Only public works contractors and public works subcontractor must test their employees for both alcohol and drug use. Otherwise there are no regulations requiring any other worker to undergo drug or alcohol testing. However, companies that work with the public or who conduct business of a sensitive nature will usually do drug and/or alcohol testing.

Where Does Testing Take Place

There is not set laboratory or hospital where testing must occur. An employer can choose any facility that conducts drug testing.

9) Is there a Set Time for Drug Testing?

Only public works contractors as well as subcontractors must be tested prior to starting work for the company and ultimately for the public. In addition this type of company is required to conduct drug and alcohol testing for any employee involved in an accident or who is suspected of using drugs or alcohol. Otherwise there is no set rule, law or statute that states when a company, public or private, must do their drug testing.

10) What Happens if the Test is Positive?

A public works contractor and a public works subcontractor that has an employee that tests positive for drugs must be fired and could be prohibited from re-hire with any other company for that particular job. Otherwise a company, public or private, is under no obligation to fire or prosecute an employee that has tested positive for drug use.

About the Author

This Article is written by Lena Butler, the author of Drug Testing Laws by State a longer version of this article is located at 10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois, and resources from other home health and wellness testing articles are used such as Drug Testing Policy.

StateSurge Weekly Episode 1 - March 29

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History of the parole system

History of the parole system:

Introduction:

The origin of parole can be associated with the work of a number of individuals who headed prisons; they includeBrockway Zebulon in the year 1867, Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854, Brockway Zebulon run the Elmira penitentiary in the New York while Alexander Maconochie was the governor of the Norfolk Island prison, Walter Crofton was the governor of the Irish prison. All the above contributed to the introduction of parole system in the prison system.

Paroles in the united states were introduced by Brockway Zebulon in the year 1876 as a way to reduce jail overcrowding and at the same time as a way to rehabilitate prisoners by encouraging them to win their way out of prison through good behavior, involves the supervision of a criminal after serving part of jail term and the convict is allowed to live in the community under supervision, the parole period is dependent on the decisions made by the board of parole, violation of parole will result into re imprisonment of the convict.

Brockway Zebulon was born in 1827 and died in the year 1920, he served as a prison warden in the united states where in later years he brought major reforms into prisons, he was in later years regarded as the father of prisons after he introduced major reforms in the prison institutions, he run the Elmira penitentiary in the New York from the year 1876 to the year 1900, however in the year 1912 he authored a book entitled fifty years of prison service.

The origin of parole however can also be attributed to the work of Alexander Maconochie and Walter Crofton, Maconochie was the governor of the Norfolk Island which is located off the coast of Australia, conditions in this penal colony were so bad especially for those who were serving life time imprisonment, Maconochie introduced a prison structure whereby prisoners who arrived in jail were first put under strict imprisonment, then through conditional release and finally freedom, the movement from one stage to another depended on the amount of points prisoners would earn.

Definition of parole:

Paroles are ways in which criminals are supervised in order to determine whether they are likely to commit the same crime or any other crime during this time period, if they do commit a crime during this period then they are sent back to prison to serve a jail term, both probations and paroles are set to determine the rehabilitation level of a convict and whether the convict is fully rehabilitated and whether he or she can live with the society without committing crimes.

Parole is a privilege where one is eligible to parole if the prisoner receives a minimum and maximum sentence and after serving the minimum sentence the parole board may decide to put him or her under parole after a consideration hearing, this is in contrast with probation where it's determined by the judge.

The roles of paroles were therefore to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences and the major concepts underlying the parole process include the reduction of jail term after good and responsible behavior in prison, supervision of parolees and finally reduce indeterminate sentences.

Paroles are granted to convicts by the parole board, when the parole board feels that a certain individual who has served his minimum term is responsible and can join the community under supervision; on the other hand probations are imposed by the judge as part of the sentence.

Difference between parole and probation:

Paroles and probations are viewed by many people as the same, however exist differences between probation and parole, Probations were introduced by John Augustus, it is an order given by judge as an addition to jail term, probation allows a convict to live in the community under custody of a probation officer for a specified period of time in which the convict will be under supervision, in 1879 they were introduced by many American states.

Paroles and probations are usually used to refer to the same thing but the two play different roles in rehabilitating prisoners, probations are additional charges on prisoners by a judge which requires that the prisoner is supervised after leaving a prison and checked whether he or she can leave in the community without committing a similar offence, paroles on the other hand are rewards granted to prisoners for good behavior, they entail a reduction in the number of years and months one serves in prison.

Another difference is that the probation is administered by a judge before imprisonment depending on the seriousness of a crime committed, the parole is granted to a convict after serving all or part of his sentence in jail and these is granted by the board of parole in prisons depending on the behavior of the convict in jail.

Every one leaving prison is placed under parole for a certain period of time and he or she is required to regularly meet with the parole officer, however a convict does not go under probation after prison because the probation is determined by the judge during sentencing, however during probation it is also required that one meets with the probation officer regularly.

Parole is a privilege where one is eligible to parole if the prisoner receives a minimum and maximum sentence and after serving the minimum sentence the parole board may decide to put him or her under parole after a consideration hearing, this is in contrast with probation where it's determined by the judge.

Probation is a sentence which is imposed by a judge as a part of the sentence passed while parole is supervision after prison, paroles are a must for everyone leaving prison but for probations they are based on a judge's decision where it is imposed on a person as a part of the sentence.

Parole entails many condition which are set by a the board of parole, if a person under parole commits a crime or fails to regularly meet with the parole officer then the prison can return back to prison because of violating terms and conditions of parole, this will lead to the person being sent back to prison to serve the rest of his or her sentence.

Paroles are granted to persons by the parole board when the parole board feels that a certain individual who has served his minimum term is responsible and can join the community under supervision; on the other hand probations are imposed by the judge as part of the sentence.

History of parole in the United States:

Therefore the roles of paroles were to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences.

In the year 1867 the department of justice in the united state was created, further there was the first statute created that would oversee the reduction of jail terms for convicts with good behavior, this statute was referred to as the good time statute which is what is referred to as parole today. The statute ensured that those chosen through showing responsible behavior in prisons would face a reduction of their jail term, in this year one month per year of the jail term would be reduced if the warden and secretary of interior approved that a convict deserved to be paroled after showing responsible behavior.

In the 1867 statute the warden in charge would observe the behavior of a prisoner and determine whether they deserved to be paroled, however the warden would not authorize the paroles and the interior secretary in a prison would authorize a parole after the warden had approved the parole.

In the early 1870's the statute on parole was amended which was referred to as the good time statute, however the duties of the interior secretary which related to the discharge of prisoners for parole were transferred and this duties were assigned to the department of justice in the united states, therefore the discharge of prisoners through parole were to be effected through authority from the attorney general and not by the interior secretary of a penitentiary.

In 1981 the attorney general was given the authority to reduce sentences but this was not to exceed two months, this was done through amendment of a legislature providing for the establishment of federal penitentiaries.

In the same year a revision on the good time credit was made which allowed all convicts an equal chance to be paroled, the revision ensured that the credits to good behavior would exceed with the length of the jail term whereby the more the number of years one was to serve in prison then the more the number of months one was likely to get.

In addition to these it was amended that prisoners in prison industries would gain a three day credit per month for the first year and five days each month in the other years in a penitentiary, therefore this made it possible for those in prison industries to be paroled for three days per month which would reduce the time spent in jail.

In the year 1902 the paroles were under control of the officers in prisons, the parole board was established which was to have three members where the deputy warden would act as the chair person, the parole board would determine the rules and regulations and expected behavior, prisoners would be called before the board and behavior analyzed to determine whether the convict deserved a parole, however incase of misconduct and a convict was denied credit the attorney general granted authority to restore credit to convicts if recommendations and evidence are provided to him by the warden.

The parole board established was to oversee the granting of paroles based on the convicts behavior, however other factors that they were to observe were the convicts criminal history, prior opportunities granted to the convict under supervision in the community, behavior in the prison for the jail term served and also the convicts release plan regarding issues such as accommodation, education and employment

In 1910 there was the amendment of the act that allowed all in mates who were sentenced and confined in any United States prison would have automatic and equal chance to parole laws set in those institutions. This act also provided that no parole would take effect until the attorney general approves it and that violation of parole the parole board had the power to return the parolee to prison, each prison was also required to employ a parole officer who would supervise the convict during the parole period and also assisting parolees to obtain employment.

In 1913 the rules that governed the parole board were formulated, there was also an amendment that allowed prisoners who were serving lifetime imprisonment to be paroled after serving fifteen years, from this year however no further amendments were made until the year 1930.

Major parole alterations were made in the year 1930's, and amendments to the parole systems were made, this include the following:

A single parole board was created and the three members of the parole were allowed to grant paroles without any further approval by the attorney general, the salaries for each of the three parole members in this year was 7,500 dollars per annum.[8]

Convicts who were sentenced for life in jail would be released on the basis of parole once they served 15 years in prison, other amendments were done in the year 1930 and years after which have overseen the current parole regime we have today.

During the years paroles have been governed by rules and regulations that are followed up to date, a parolee must:

• Meet with parole officer
• Obey rules and regulations
• Must report to the parole officer in case of any arrests
• Must inform the parole officer in case of any changes in residence
• A parolee must not hold any harmful substance or own a firearm
• Must refrain from any behavior that may result to an issuance of a restraining order[9]

History of parole in Australia:

Maconochie in the process initiated  the mark system whereby inmates would earn their way out of prison through good behavior and hard work, these marks earned by prisoners could be in a way be used to purchase goods or reduce the a jail term.

Conclusion:

Paroles were introduced to reduce jails terms to prisoners but not to all prisoners but to those who showed good and responsible behavior for the years in serve in prison. They were also introduced as a way to encourage responsible behavior in rehabilitating convicts and at the same time a way to reduce the level of prisoners in jail which were already over crowded and the paroles would solve the problem of over crowding and at the same time make room for more prisoners.

The roles of paroles were to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences. Some of the major concepts that underlie the parole system include the reduction of jail term after good and responsible behavior in prison, supervision of parolees and finally reduce indeterminate sentences.

Paroles should not be confused with probations as the two stand for two different systems in the judicial system, probations are additional charges on prisoners by a judge which requires that the prisoner is supervised after leaving a prison and checked whether he or she can leave in the community without committing a similar offence, paroles on the other hand are rewards granted to prisoners for good behavior, they entail a reduction in the number of years and months one serves in prison.

Over the years since the introduction of the parole system by Brockway Zebulon in the year 1876 which acted as a way to reduce overcrowding in prisons and at the same time as a way to rehabilitating prisoners by encouraging them to win their way out of prison through good behavior, has faced many amendments in the system, a shift in the responsibility and power to grant paroles have shifted over the years, another change is the change in parole limits as to how many days or months a person will granted depending on the jail term of a convict. However the mode of granting of parole which is through good behavior has not changed and the assessment of who is to be granted parole depends on good behavior up to date.

Other initiators of the parole system include Alexander Maconochie who was an Englishman and the governor of the Norfolk Island and Walter Crofton who was an Irish and governor of the Irish prison.

Previously the parole board members were three in number but today the number has increased and in some states the board members even amount to 13 members, paroles have however become efficient in the recent past through improvement in the justice system all over the states, this has been made possible by the existence of amendments to provisions that govern the parole system.

References:

Edward M. (1996) Partners in Change; The twelve Steps Handbook for Probation Parole and Community Corrections, Hazel den publishers, New York

Free legal advice (2007) paroles and probation, retrieved on 5th July

The United States department of justice (2007) history of parole, retrieved on 6th August

Walter Cade (1961) The Crime Problem: Paroles and Probations Appleton Century Crofts publishers, California

Hoffman B. (2001) History of the Federal Parole System, Parts I and Part II, Federal Probation 61: 23-31

Beck J. and Hoffman B. (2000) Time Served and Release Outcome, Journal of Research in Crime and Delinquency 13: 107-112

About the Author

Author is associated with SuperiorPapers.us which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit Buy Essays, Custom Term Papers and Custom Research Papers.

Human Rights Strategies in the 21st Century

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Are disabled people protected against individual, informal verbal discrimination?

I was wondering whether the law, in the UK, protects people with disabilities from being discriminated against on a personal and individual basis.

just goes to show that an idiot is an idiot is an idiot. regardless of there personal situation. Do not generalise personal attacks on yourself to the whole disabled community. its the sign of an idiot. my advice is to never speak your vile nonsense again.

we are working very hard to educate people about disabilities and having a lot of success. but every now and again an idiot turns up and tries to show themselves as some self appointed spokesman for the disabled.

My advice to you is try to realise that its not your body that crippled but your mind and you should try to place yourself in front of a moving lorry at your earliest convenience.

lastly there is a reason that every comment is negative but i am sure that you would never see that.

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A previous employer claims I made income w/them in a yr I did not work; What type of legal actions can I take?

I was sent a "W-2" Form for wages I did not make in 2007.
My employment with the company was terminated in 2006.
The income they claim I made, I did not receive.
Is there such an attorney as a Employment Law Attorney?

This could be a simple misunderstanding. They may have generated checks for accumulated vacation pay or something that went into the next year and simply put it in your file or a drawer in the accounting office. I would contact them and ask them to mail you your checks or go pick them up. This could also be some sinister deal. Maybe they kept you on the payroll but gave the wages to a relative of the boss or an accounting person. I don't know how this effects your taxes but it probably wont be worth hiring and paying for an attorney to fix an error that occurred a year ago.

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Employment Law Scenario/Question.?

A physician in training employed by University Management on behalf of Apple State University was fired by her employer for patient management issues. According to the physician's contract with Univ. Management, all terminations are subject to the grievance policies of the University. The physician grieved the decision and won the grievance. Subsequently, the employer refused to put her back to work alleging that General Hospital, where she works, refused to reinstate her and thus there was no where to send her. The hospital made this decision based on a matter totally unrelated to the grievance. They refused to allow her back due to a charge of sexual harassment. The investigation for this charge had concluded 6 months before the doctor won her grievance and at the time yielded a counseling session. However after the grievance, the hospital changed the penalty to barring the physician.

All of that would depend on contracts between the management company and the hospital in question. Most likley though your friend has found herself in a loop hole for which she does not have an out. I would sugget moving here to Louisville, Ky. We have over 15 hospitals in the area, as well as the James Brown Cancer Center, which has just released the ONLY vaccine to prevent any kind of cancer. We also have Jewish Hospital, as you probaly know they have now completed a number of successful hand transplants, WERE WHERE THE MEDICINE IS AT!

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will an arrest that resulted in a full dismissal prevent employment?

got into a fistfight and was charged with assault. Judge dismissed the charge. Have never been arrested or in trouble with the law before. This was in NY. Do I have anything to worry about?

The charges were dropped, indeed, but the arrest would still be on your record. You may have to go to court and get it expunged.

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PPG Appoints Glenn E. Bost II as Senior Vice President, General Counsel
PITTSBURGH----PPG Industries today announced that Glenn E. Bost II has been named senior vice president and general counsel, effective July 1. Bost will become a member of PPG’s executive and operating committees, reporting to Chairman and CEO Charles E.
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Understanding Your Contract

As a business owner, one of the things that you have to be familiar with is the various labor laws. Knowledge of this set of laws can ensure that you treat your employees fairly and that you and your business are protected from any possible lawsuit as well as payment of fines and penalties. Knowledge of these laws would also be of great help when you are forming your company’s policies and procedures.

Under federal law, if you would be doing business in Colorado, you can hire anybody for the job that you have provided that you do not base your selection on physical and personal characteristics such as age, sex, religion, race, national origin, and disability. Aside from this, you are also warned against asking personal questions that concern the marriage plans or status of the applicant, their sexual orientation, and the presence of previous arrest records.

In the state of Colorado, the at-will employment rule being practiced by most states is limited by two legal principles. According to the principle of public policy, you cannot fire an employee for performing a legal duty or exercising a legal right. On the other hand, the principle of implied contract established employment relationships based on an implied or expressed contract. This means that handing out a personnel guidebook can be seen as a solid establishment of an employer-employee relationship.

In order to ensure that the at-will employment does not become a disadvantage to your company, your contract law attorney will most likely advise you to provide a clause in your contract that sets down the terms on how both parties can terminate the said contract, including how much grace period should there be before the termination takes effect.

Attorneys Denver Colorado have would also advise you that, should there be a need to terminate an employee, you can still be held liable for defamation if you make a negative or damaging statement about an employee to a third party. Although there are a number of defenses available for you, it is still better that you keep from giving out such statements.

There are a number of commercial attorneys within the state of Colorado who can help you determine how you should go about hiring and firing employees. As long as everything is done in good faith and you have proper documentation, you may not have to worry about lawsuits.

About the Author

Go to http://www.larsenlawoffices.com for more information.

Denver injury and civil rights attorneys interviewed on CBS Haystack

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Do You Really Need New Labor Law Posters?

by Janet Attard

If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.

Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What's more, posting a collection of paper notices can make your office look messy.

To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws.

But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.

One ploy that's been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the "Final Notice" headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.

Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.

If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.

© 2008 Attard Communications, Inc. Janet Attard is the founder and CEO of Business Know-How, a popular small business website that has been providing information and resources to businesses for 20 years. BusinessKnowHow.com is a source for labor law posters and safety posters. The website also provides a wealth of ideas, tips and hints for marketing and managing small businesses. Subscribe to the Business Know-How newsletter at http://www.businessknowhow.com/newsletter/subscribe.htm

Online reprints of this article must include the author's byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.

About the Author

Janet Attard is a small and home business expert, author and founder and CEO of the Business Know-How small business website. The site provides business ideas, tips, hints and resources for starting a business, marketing, Internet marketing, and managing employees. For more free information to grow your business, visit http://www.businessknowhow.com.

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Media Advisory: Independent Study Finds Keystone Gulf Coast Expansion to Stimulate $683 Million in New Spending in ...
CALGARY, ALBERTA--(Marketwire - 06/18/10) - TransCanada (TSX: TRP - News ) (NYSE: TRP - News ) - An independent economic study finds that the construction of the Keystone Gulf Coast Expansion Pipeline project should provide significant, positive contributions to the Kansas economy valued at $683 million. The Perryman Group study also states that local economies along the pipeline route could ...
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VA official gets big pay, little work
A senior Veterans Affairs official in Honolulu who has filed numerous discrimination complaints against his bosses now finds himself working in a small cubicle with no phone and no meaningful work to do -- as he draws an annual salary of about $120,000.
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Tarlow, Breed, Hart & Rodgers is Gold Level Sponsor of the 2008 Massachusetts Family Business Awards

DATELINE: BOSTON, MA…

The law firm of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA is pleased to announce its Gold level sponsorship of the 2008 Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses.

Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. has been instrumental in the creation of the Massachusetts Family Business Awards program, now entering its second successful year. Tarlow teamed up with Ted Clark, the Executive Director of The Northeastern University Center for Family Business, to develop the program, honoring the most successfully run and managed family businesses in Massachusetts.

The firm’s tax and estate planning attorneys regularly advise business owners and their families on the complexities of estate planning and administration, taxation and corporate law. Attorney Richard Breed notes, “The Family Business Awards Program provides a unique opportunity to salute the numerous contributions of family owned businesses, which are too often overlooked. We have built lasting relationships with many family owned businesses over the years and we look forward to providing continued assistance and support to this critical segment of our local economy.”

Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.

The 2008 Massachusetts Family Business Awards event will be held on May 8, 2008 at the Royal Sonesta Hotel in Cambridge, MA. Speakers will include Jim Kaloyanides, President and COO of New England Coffee, and Phyllis Godwin, Chairman, Granite City Electric Supply. David Wade, award-winning journalist and co-anchor of WBZ-TV News’ weekday newscasts at morning and noon will serve as Host of Ceremonies for the event.

Please visit www.nuffi.org for tickets, or for more information about the Massachusetts Family Business Awards program.

Tarlow, Breed, Hart & Rodgers, P.C.

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

In addition to taxation and estate planning, the firm’s areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, real estate, bankruptcy, and municipal law. The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com

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Employers Complain Swine 'Flu Advice Creating 'Skivers' Charter'

British bosses are complaining that measures designed to reduce the impact of swine ‘flu on the workplace are in danger of creating a ‘skivers’ charter’. 

More than a thousand companies across the country claim staff have been logging-on to an NHS self-diagnosis website to extend their Summer holidays. 

The National Pandemic Flu Service advises that individuals who appear to have symptoms associated with swine ‘flu should stay at home for up to seven days. 

However, Manchester-based Employment Law Advisory Services (ELAS) says it has been inundated with enquiries from managers who claim colleagues without any signs of illness are using the website and causing more disruption to the workplace than the ‘flu itself. 

Peter Mooney, ELAS head of consultancy, said his firm began receiving calls from angry managers as soon as the website became active at the end of last month. 

“They feel that some staff are simply taking advantage of current concerns about the transmission of swine ‘flu to take an extra few days off work. Because the emphasis has been on not going to your local GP but using services like this to assess the infection and the risk to others, those who stay at home aren’t going to need a doctor’s note or have too many people calling on them to see how they feel.

“Based on the volume – and the nature - of calls we’ve been taking, the number of deliberate false cases of the condition are having a significant impact on workplaces across the country, something bosses are keen to tackle.” 

Mr Mooney warned that additional short-term measures being considered by the Government to address the impact of swine ‘flu could exacerbate the problems being experienced by Britain’s bosses. 

The Cabinet Office is deliberating over proposals for a possible six-month extension for the length of time for which people can self-certify in order to get the country through the worst of the crisis. 

Those plans would allow individuals to take up to 14 days off work without having to get a doctor’s note.Mr Mooney added: “Employers believe that by doubling the self-certification limits, you are potentially multiplying the opportunity for untruthful individuals to kid the system. 

“The issue is about when and how they can tackle those individuals who they believe have not been ill. After all, they are being told not to return to work until all their symptoms have gone but that doesn’t mean suspicion about whether they really were under the weather won’t persist.”

Visit www.employment-law.uk.com for more information.

For HR Software to manage your absences, visit www.employersafe.co.uk

About the Author

Employment Law Advisory Services

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New Mexicos Government Employment and Pension Problems with Scott Moody

what happens to accrued vacation time when you leave a job?

Is your employer legally required to pay you for accrued vacation time when you leave employment? Are the laws different per state, and can they be looked up somewhere?

I dont think so, it depends what the companies policy is. This is why most people schedule there vacation all at once. then quit as soon as they get back.

Jean Chatzky: This week, we dip into the mailbag
I thought I'd dedicate some time to answering a few of the questions my readers have been sending in lately. I selected a few topics that I think will benefit a wide range of people. So let's get started:
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Tips to buy affordable health insurance in Florida

Affordable health insurance is not a product offered by any company in Florida. It is, however, a concept or a criterion that can be followed to reduce health insurance costs, get maximum benefits, and enjoy financial security during medical care needs.

To achieve this target for affordable health insurance policy in Florida, some tips would be helpful:

•    Research the market

Researching the market is pretty necessary in order to get competitive prices. Apart from visiting agents or brokers, individual websites of insurers in Florida, it is okay to check some plans on some insurance portals and platforms. These portals/platforms also help in comparing different health insurance quotes.

•    Know your state laws

Before buying any health insurance policy, a consumer should get acquainted with the state laws of Florida. To know more about rules and regulations that govern the dynamics of health insurance industry in Florida, the Office of Insurance in Florida should be contacted.

•    Be careful leaving a plan

Remember that to exercise HIPAA rights, a consumer first has to exhaust all job-based coverage available, including COBRA, which allows the consumer to continue in its employer's plan for 18 months by paying the full cost plus two percent. Later on, the consumer will have to apply for an individual health insurance policy within 63 days after your old coverage ends.

•    Get adequate benefits

Health insurance becomes affordable if it provides adequate benefits and optimal coverage. A consumer should make sure that any health insurance policy it buys should provide coverage for everything that is "medically necessary" for any health problem.

•    Look beyond the Premium

Usually, Floridians would count premiums as the only cost involved in a health insurance policy that needs to be taken care of. However, deductibles, copays, coinsurance are some other terms that a consumer needs to take care of before buying any health insurance policy.

About the Author

Shaun Mike writes extensively on topics including how to find health insurance Florida and affordable health insurance florida. His articles are widely read on major websites.

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Wage and Hour Law Quick Tip: Pay Now or Pay a Lot More, Later

More cases are being litigated over employers deducting unlawfully pay from an exempt employee.  Unlawfully deducting pay from employees classified as “exempt” could mean losing the “exempt” status and a finding that the employee is entitled to payment of overtime wages for all hours worked over 40 per week.

Employers must heed all wage and hour laws, lest they find themselves in expensive and time-consuming litigation.  In one recent case, the Court concluded that the employer failed to pay the employees on a “salary basis,” which the law defines as payment, “on a weekly, or less frequent basis, a predetermined amount constituting all or part of his compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed.”

The Court found that the employer violated the “no-docking” rule by having a written policy stating that all employees could be suspended without pay under at least three circumstances, none of which were exceptions to the “no-docking” rule and numerous “exempt” employees had their pay docked for unlawful reasons, such as partial-day absences

Quick Tip:  Pay Now or Pay a Lot More, Later.  Deductions of exempt employees’ pay are permitted only for whole-day absences for personal reasons, absences due to sickness and disability if made in accordance with a “bona fide plan, policy or practice” that provides such benefits, and for suspensions due to violations of major safety rules, as long as there is a published policy. Partial-day deductions are permitted when leave under the Family and Medical Leave Act is taken. 

Violations of wage and hour requirements under the FLSA and Hawai`i state law can result in awards of back pay, interest, liquidated damages, civil penalties, and for flagrant offenders, even criminal prosecution.  Employers are wise to review their pay/disciplinary policies for compliance.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

About the Author

Roman Amaguin, Esq. has sucessfully practiced law in Hawaii since 1995 and specializes in employment and labor law, and civil litigation.

www.amaguinlaw.com

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Commercial construction services

Commercial construction refers to construction of commercial projects such as office buildings, shopping centers, sports complexes, hospitals, schools and luxury hotels. Commercial building construction is not an easy task; it involves visualizing a concept and translating into reality which needs to be innovative as well as application of engineering brilliance.

Often when it comes to commercial constructions, huge capital finances are involved and invested. In fact, investments in capital property are a widely used method of retaining capital. When huge finances are involved, the legal aspects are another important aspect that needs careful consideration. Any real estate used exclusively or in parts for business purposes are considered as commercial properties. Hence, it is vital that you satisfy all the legal formalities, rules, norms and regulations that need to be adhered to in your locality before you start construction.

Companies or vendors offering commercial construction services need to sign the commercial construction agreement or contract in which a party agrees to furnish all labor materials, equipments, supplies and do all things necessary for the construction and completion of a commercial building. Essentially, the core aspect of the agreement remains the same in all countries/regions subject to a few modifications depending on the local governing laws in that area or locality or country. They must also ensure compliance with a wide range of regulatory requirements such as environmental standards, legal employment practices and such like.

As we all know, most commercial building construction require huge capital investment as well as employment of skilled employees in various departments. In the construction industry, safety regulations need to be adhered strictly. Many workers who work during the construction process need to be protected against any accidents or physical damage during the course of their work. Hence, safety is a major concern in the real estate business and companies or vendors are required to maintain a safe jobsite and minimize or avoid any health risk to their employees through proper planning, training and regular inspections. Planning ahead allows workers to see and avoid mishaps before they occur.

Implementing a successful commercial project requires a great deal of work at all levels of the project; right from conceptualization to the delivery of the project. While overseeing a building construction, a thorough knowledge of the budgets, materials and staying right on schedule ensures a successful and complete project.

About the Author

Richmond Johnson an editor of http://www.hire-a-contractor-now.com website, writes articles about Home improvement, home renovation, Bathroom remodeling, kitchen remodeling and roofing contractors. He specializes in saving the money by advising on effective constructional theories.

Stephan T. Mashel - Morganville, NJ

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Researching North Carolina Arrest Records

There are various reasons why people search for North Carolina Arrest Records. Among those that are on the list are for one's security and for employment purposes. It is also in-demand to those legal authorities, such as the attorneys, for them to gather the necessary information regarding their client and the other party. Thus, any types of purposes from any individual can be served by checking on these files.

Anyone who will be working directly with children, the sick, the disabled, or the elderly, is usually the subject for North Carolina Criminal Records check. However, the law mandates that any employer who wishes to conduct the said check should inform the applicant of the process, and in return, the latter should give his consent to it. After which, the Department of Justice will provide the criminal record check for a minimal fee. But if in case, the applicant does not say yes to that investigation, then that available position to be filled up may not be given to him or her.

For those who would like to conduct an investigation, a request must be submitted first to the Department of Justice within five business days of making a conditional offer of employment. After the said process was conducted, all the gathered information is not subject to anyone's access, except for the applicant or the person who was investigated. For those cases in which it was found out that the person was convicted in any crime, it is the prerogative of the employer to either hire that person or not, based on some determining factors.

Taking advantage of the benefits that are provided by these arrest records cannot be experienced by those employers alone; ordinary people can do the same thing too. If someone wants to conduct an investigation regarding the background of a certain stranger, then he can make use of this NC Arrest Records, which basically answers those common questions that you may have in mind such as the person's past and present activities, and those cases that are linked to him. Therefore, if you seem to be threatened and your family and company might be at risk because of this suspicious person, then starting this process is the best preventive way against any possible danger.

Nowadays, the existence of those Free Criminal Records is not new to everyone already. However, if you would decide to do it for no cost at all, you have to consider the level of difficulty that you may encounter along the way, as well as the long period of time that you may have to spend before getting that desired information. With this, luxury of time and a bundle of patience are necessary. Aside from that, the result that this kind of service produces is not at all reliable and complete. Thus, if it's just for mere curiosity and nothing else, then you may go for these free searches. Otherwise, you better think twice.

The good news is that choosing the service of those free search sites is not your only option anymore because paid services also exist online now. The scope of information that you need for the search and the quality of the database that they have will determine the cost that you'll have to pay for the service. Some of the things that a perfect service provider should offer include that guaranteed convenience, high-quality report, great databases, total refund, and a 24/7 assistance. Therefore, go back to your main purpose for searching prior to making a decision as to which service to use.

About the Author

If you are researching North Carolina Arrest Records, we can point you to the most credible source. Visit us at Arrest Records Public to pick our insights and tips.

Personal Injury Attorney, Workers Compensation Attorney in Asheville NC 28806

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Stanford legal scholars are at the forefront of data-based research
Legal empirical researchers are part of a burgeoning movement, and Stanford Law School, an early pioneer, lies at its epicenter.
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State parks open on Friday’s furlough day
Although Friday is a furlough day for all state employees, all 42 Colorado State Parks, including the entry gates, visitor centers and campgrounds, will remain open.
School of Paralegal Studies

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Worker Classification Investigations Gain Momentum

Currently, one of the fastest growing areas of litigation, including class action suits, is in the proper classification of workers as either employees or Independent Contractors. The dictionary defines an Independent Contractor as "a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job." Misclassifying a worker as an Independent Contractor can have far reaching implications including high dollar liabilities.

The Internal Revenue Service (IRS) has very strict criteria for determining the Independent Contractor vs. Employee status that has been in place for many years (discussed later in this article). Federal Express has been a poster child for this issue, owing the IRS $319 million in back taxes. In a suit filed against Northwestern Mutual Life Insurance Company, the proposed class is seeking $200 million for misclassified workers.

At the federal level, the IRS is in the midst of a misclassification crackdown. It is important to note that on the Federal level there has been previously proposed federal legislation - the Independent Contractor Proper Classification Act - that is expected to be revisited by Congress. This act imposes strict penalties on employers for worker misclassification. A brief summary of the act is below;

Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.

In addition to the Federal Act discussed above, many states have current or pending legislation of a similar nature. Some examples are;

• Illinois: Enacted The Illinois Employee Classification Act effective January 1, 2008, which imposes harsh civil and criminal penalties for misclassification of workers.
• Colorado: Enacted H.B.1310 in June 2009. Imposes penalties up to $5,000.00 per employee for a first offense & up to $25,000.00 per employee for subsequent violations for misclassified workers.
• Maryland has instituted the Workplace Fraud Act effective October 2009.

You might be wondering at this point: what's the big deal is if a worker is classified as an Independent Contractor or an employee? Workers that are misclassified as independent contractors are denied many protections afforded to employees including, but not limited to, wage & hour laws, benefits (including workers compensation and unemployment insurance payments), and protection under non-discrimination laws.

Thomas E. Perez, Secretary of Maryland, offered this quote on regarding Maryland's Workplace Fraud Act, "This new law will ensure that employers who attempt to cheat the system, their workers and their competitors, will pay a steep price for their actions. It should send a message that we will be fair to those employers who are trying to play by the rules, but we will not tolerate flagrant and intentional violations of the law for personal gain."

Both the federal and state governments are recognizing that in many cases employers intentionally misclassify workers as Independent Contractors in order to avoid payroll tax liabilities, workers compensation premiums, and/or wage & overtime responsibilities on these workers. The IRS estimates that the federal lost tax revenue for misclassified workers as $3 - $5 billion (yes, billion) dollars per year. It is estimated that 7 15% of workers are misclassified as Independent Contractors.

As you can imagine, there are many federal and state entities that have an interest in the misclassification of workers:

• United Stated Department of Labor
• Internal Revenue Service
• State Tax Departments
• Unemployment Agencies
• Workers Compensation
• National Labor Relations Board
• Federal Courts
• State Courts

The penalties for misclassification include civil fines, criminal penalties, being barred from federal and/or state contracts, and private rights of action for the aggrieved workers.

To determine if a worker is an Independent Contractor can be challenging, especially since there are different criteria for the various federal and state entities mentioned above. Even though there are different tests, most tests flow from the long established principles of the IRS. The IRS employs a 20 Factor Test that determines the employers level of control in these categories: Behavioral, Financial and Type of Relationship. Please see the links below for more information and guidance on properly classifying workers.

• IRS Guidelines
• 20 Factor Test

If you want to learn more Human Resources Tips, please click here for more information.

About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

9 Things to Know About an Employment Contract... Before You

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Understanding Social Care Policy and Law for Nvq and Svq Candidates and Assessors

When staff are just starting out on their NVQ and SVQ in Health and Social Care, or when new staff who have qualified from abroad start working in the UK they can be uncertain and confused by the different terms, such as policy, regulations, legislation, etc. NVQ and SVQ Assessors can also be uncertain of the differences.

In many ways the starting point to understanding the differences is actually Government policy.

The Government decides it wants certain things to happen in health or social care. Examples could include:

** more older people to be cared for at home, rather than in residential care

** more children, who are looked after by local authorities, to be cared for in foster care or adopted

** more adults with learning disabilities or mental health problems to be assisted into employment

Whatever the intention the Government’s aim becomes a policy. Sometimes this policy is a Green Paper or a White Paper.

The Government then has a choice as to how it pursues its policy. From the Government’s perspective it will rely on other organisations to actually apply the policy on a day to day basis. If the policy relates to health it is an NHS organisation. If the policy relates to social care it is likely to be local authorities that have to apply it or the local authority will have to make clear to organisations it contracts work to that various expectations need to be met.

The Government can get local authorities or NHS organisations to apply the policy in one of several ways. These include:

** by publishing the policy as ‘statutory guidance’. Local authorities have to follow statutory guidance issued by the Government. In England one example of this is the policy on protecting vulnerable adults titled “No Secrets”

** by offering lots of money! The Government says it will give local authorities lots of new money to be spent on certain policy initiatives. One example of this is the Sure Start and Children’s Centres initiative. When it started the policy was driven by money ** by introducing legislation that gives the local authority the power to do something or making it a duty to do something. A power means the local authority can do it if it wants to. A duty means the local authority must do it. An example of this is direct payments. The Government originally introduced direct payments as a power. But then the Government made it a duty so that local authorities must offer direct payments (since so few direct payments were offered when it was only a ‘power’)

Acts of Parliament

The Government may therefore decide to introduce legislation. This is the classic Act of Parliament.

In recent years legislation has got increasingly detailed and specific. Even with this detail, legislation can be quite cumbersome. It is also quite an involved process to introduce it. Therefore the Act of Parliament usually gives the Secretary of State (in England) or the Scottish Minister the power to make regulations and/or a code of practice.

Regulations (Also Known as Statutory Instruments)

Regulations are also called Statutory Instruments. Regulations are laid before Parliament but are not debated. They are considered law although not quite as strong as the original Act.

Regulations can be altered more quickly and are now extensively used (for example health and safety regulations).

Statutory Guidance

In addition the Secretary of State or Scottish Minister has the power to issue statutory guidance to local authorities. Local authorities are under a legal duty to follow this guidance. In other words the local authority social services or social work department must follow this ‘statutory guidance’.

Code of Practice

The Secretary of State (or Scottish Minister) could also issue a code of practice relating to an Act of Parliament. These codes do not have the full weight of law but they explain and clarify the law and offer guidance on good practice. They are often realistic and applied and can be very useful.

Good Practice Guidance

The Government department (either in England, Wales or Scotland) could also issue good practice guidance. This is not the same as statutory guidance. It is often meant to be read by social workers, first line managers (and others) since the guidance commonly gives case scenarios explaining how service users should benefit from any recent changes in the law.

One complicating factor in understanding the present legal framework in social care and children’s services is that often one Act of Parliament does not fully replace a previous Act. Commonly an Act of Parliament amends or alters an existing Act. Keeping track of this can be very difficult.

Therefore for social care staff (including staff working with children) who are NVQ or SVQ Assessors or are starting out on their Health and Social Care NVQ or SVQ some of the best resources are the law handbooks from Kirwin Maclean Associates.

These law handbooks are updated every year. They are focused and applied.

There are specific books for:

** staff who work with adults in England and Wales – called Social Care and the Law

** staff who work with children in England and Wales – called From Birth to Eighteen Years

** staff who work with adults or children in Scotland – called Social Care and the Law in Scotland

These books make clear the way laws have been amended and what new laws have been introduced. Social care staff working on their Health and Social Care NVQ or SVQ who are worried about questions from their NVQ or SVQ assessor need worry no more. If your assessor asks you about what national or European law or legislation you are working under you will find the answer in the book relevant to your area of work.

These books are equally useful for social workers or social care staff who have recently arrived in Britain from other countries. They give you an overview of social care and social work law.

Additionally one of the books (Law and the Management of Care Services) gives a synopsis of a whole range of Government policy initiatives that are shaping social care and social work services in England. If you hear a passing reference to a Government social care policy but don’t really know what it involves then this book will be able to help you.

About the Author

USA UNEMPLOYMENT @ 22% (+ a little Global rant)

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Shady "termination" by employer while on medical leave. Any insights?

I have been on medical leave from my employer since late July of this year, after having major surgery. Although I have kept my employer advised of the status of my disability (including submitting certifying paperwork), I had never heard one thing from my employer until I received a certified letter today, stating that I was now considered an "inactive" employee and no longer on the payroll. My medical benefits have ended as well. I was never advised by my employer that my job was in jeopardy, nor given any status on my FMLA, which was submitted before my leave began. Now, my ex-employer is stating my FMLA leave of absence began when I was still reporting to work every day and that I was advised of this. I was never given status on anything. Now, I'm sick AND out of a job. They will never "re-hire" me. I have contacted my state's Fair Employment dept (waiting for return call) and will be meeting with an employment law attorney. I'm devastated. Serious replies only please.

If you were placed on FMLA in late July, keep in mind that the statute only provides up to 12 weeks of unpaid leave per year. It is now 4 months later and your 12 weeks have been used up. After FMLA expires, your employer is not required to reinstate you to employment. I'm sorry, that's not what you want to hear, but it's the truth.

I'm not saying that your employer is right in what they did or how they did it, but it may not have been illegal.

FMLA - 12 Danger Zones

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UK employment law,?

i gave notice to my current employer after accepting a new job and signing a contract but now i have been told im not wanted by my new employer, where do i stand i freely left my old job so i cant claim JSA, can i sue new employer for unfair dismissal

I don't think so. But if you have some sort of letter from the nearly new employer this will help. Luck.

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Abortion foes capitalize on health care law
WASHINGTON (AP) — Abortion opponents fought passage of President Barack Obama's health care overhaul to the bitter end, and now that it's the law, they're using it to limit coverage by private insurers.
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Unfair Dismissal at your workplace because of Racial and Sexual Harassment!

Unfair dismissal at ones workplace is termination of employment without a warning or citing of constructive reasons. Employees find complaining about unfair dismissal a bit too difficult since most HR laws state that the employee needs to complete atleast one year within the organisation. And if the employee has not, which usually is the case, and then he/she is left in the lurch without a job.  Unfair dismissals usually occur in cases of sexual harassment or racial discrimination against the employee.

Every employee is entitled to equal employment opportunities, disregarding the basis of his race, religion or gender. However it generally is seen that some employers dismiss their employees citing reasons that are unreasonable and in most cases untrue. The true undisclosed reason could be because the employee belongs to a different race or the employee has not succumbed to sexual advancements made by the employer or an employee favoured by the employer. It is a complex issue since employees are never told of the reason they are asked to leave their jobs. Every employee has the right to know of the valid reason for dismissal and if not done so can make a claim in the Employment Tribunal as stated in the Employment Laws. Again the drawback is the employee should have completed atleast a year in the organisation to make a dismissal claim.

If you are being sexually harassed at your workplace, it definitely is against your will and wish. In these situations it is imperative that you blow the whistle on such acts before your employer even thinks of dismissing you. You do not want to be sacked because you disapprove of sexual harassment and you don’t want to sit on it, especially when you can nip it at the bud. Sexual harassment could be when there is unnecessary conduct that relates to the gender you belong to.  Sexual harassment hampers the employee’s dignity and creates an environment that is hostile and degrading to work in. You can also be a victim of sexual harassment if your employee favours your colleague over you just because you are of the opposite sex.  There are also a few cases where a woman finds her job being given to someone else after she’s back from her maternity leave.  Or the lady employee is asked to leave primarily because she is pregnant, while cleverly there are different reasons that are given for her termination.

Being dismissed from your work place just because you are of a different color, race or creed, without giving proper reasons as to why you have been removed from your work place is termed as unfair dismissal on the basis of racial discrimination. Existing employees face discrimination when their jobs or responsibilities are given off to someone more favourable with the employer or are of the opposite sex. Most of the times, applicants are not hired because of the different race or color they belong to. Most common is the fact that they are underemployed and underpaid and the right employment facilities are not given to them.

The UK has laws in this case to protect employees in the form of The Sex and Discrimination Act (1975 STA) that mentions, that is not law biding if a man or a women, married or unmarried is unfairly dismissed or discriminated.

About the Author

It is possible that you could be a victim of racial discrimination and sexual harassment at work which could lead to unfair dismissal. Why wait to be sacked? You need to know the employment law and blow the whistle!

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Early termination of probation in Dallas, Texas?

First time dwi conviction in late 2005. I completed my terms of probation almost immediately...80hrs comm. service, MADD/DWI classes, fines, alcohol/drug screening (passed), steady employment, I've reported to my PO every month w/payment, etc., etc. The entire process has been a struggle emotionally and physically; of course, I deserved it for the night I tried to drive home drunk. It's affected my employment eligibility despite my having no prior records, great skills, good manners, and a college education. I've learned a hard lesson the hard way...but I feel like 2yrs probation is a lot; especially considering probation is designed to make probationers fail. What I'm wondering is that in three more months, when I've completed half of my probation term, is there any way to get my probation terminated early for good behavior? And is this ever done through a PO instead of a lawyer? I'm in Texas & our laws are strict. Please no lectures...

thats the state of texas for yeah. careful next offense is 25 to life. lol

Dallas Texas Immigration Attorneys - Law Offices of Kenneth G. Wincorn PC

Rights of the employee/employer can you help me make head or tails of this?

Act 1994+2001-any 6 essential elements that must be contained on the contract

try these links:

http://www.failteireland.ie/performanceplus/home/index.aspx?id=229

http://www.entemp.ie/publications/sis/2001/si473.doc
Hope they're of some use.

Employment Law Ireland

HAWAII EMPLOYMENT LAW ALERT: DEPARTMENT OF LABOR TO INCREASE AUDITS

HAWAII EMPLOYMENT LAW ALERT:  DOL TO INCREASE AUDITS

On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits.  The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website, http://www.dol.gov/opa/media/press/esa/esa20090324.htm.

Among other things, Ms. Solis stated that she is "committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.”

In addition:

The department's Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.

Finally, Ms. Solis stated that:  “I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country."

Given the expressed intent of DOL, it is critical that Hawaii employers take the necessary steps, now, to both reduce the risk of potential liability connected to a possible audit AND to prepare for audit itself. 

Thus, Hawaii employers should at a minimum take the following steps prior to and during the audit:

• Review pay practices and policies to ensure compliance with both federal and Hawaii state law, including minimum wage, overtime, and classification of employees (engage local counsel to help identify problem areas);
• Ensure your policies and recordkeeping are consistent with the law;
• Update job descriptions consistent with the actual performance of the duties and responsibilities of the positions at issue;
• Keep supervisors in the loop and informed of the potential of an audit.  Your supervisors are the eyes and ears of the Company and can assist it in identifying potential problem areas;
• Review areas outside of wage and hour issues about which an employee could complain to a field investigator;
• Establish a point person for dealing with the investigator and have all requests for information go through that person.  Such person needs to have the ability to maintain the professionalism and courtesy necessary to deal with DOL, but at the same time can be firm when necessary;
• As the “voice” of the Company, the representative needs to be educated on what to expect and the proper way to answer specific inquiries by the investigator;
• To the extent possible, cull and make available the records requested by the investigator in advance and in a room separate from the main operations of the business;
• Make employees available for interview during work hours so they are not contacted at home;
• Document all conversations with the investigator and maintain copies of the documents provided to him/her throughout the audit process;
• Ensure that the Company attorney is present during all interviews with supervisory employees.

After the audit is completed, it is critical that the Company not repeat any errors in policies or procedures identified by DOL.  Accordingly, any necessary revisions should be made promptly with assistance of counsel.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii lawyer specializing in employment law, labor law, and civil litigation.

About the Author

New Jersey FLSA Lawyer: Employee Overtime Rights

Employment Law?

I want to gain an employment law qualification, Can you please tell me where would be best to start, ie what courses..

http://www3.open.ac.uk/courses/bin/p12.dll?C01W221

Memphis attorney Vincent Perryman discusses Employment Law on LegalEase with Edgar Davison Part 1

Verify if there is such a thing as a Health card class issed by Health department in California?

QUESTION: Is there such a thing as a health card in California or not? There is some discrepancy and gray area due to different states having different laws, OK:
a Health card, being a card issued by the health department after taking a short class on clean +safe food/beverage handling procedures in the food industry for the purpose of obtaining employment (also requires a blood test for Hep.)

One thing that I learned about requirements in California is that the requirements are not uniform through out the state. You would need to check with the Health Department for the county requirements. I can tell you that the blood test for Hep is usually not a requirement from the county, rather check with the employer to see if it is something that they require.

Sacramento Attorneys, California Lawyers, Bowman & Associates

Employment Law

You are going to need documents that can help you in your business. There are a few key employment and Human Resource documents that you will need. On this site we offer documents like employment contracts, consultancy agreements, compromise agreements and employee handbooks. We also offer guides that will explain the documents and what they are used for. Before downloading you need to know what we offer in order to download the right forms. You will notice our quick and easy menu of documents. This menu will take you to an overview of the document, and a place to either buy now or gather more information.

There will be two sections of documents. One section will be of the employee contracts. There is not just one employee contract that can be used in a business. Instead there are more than eight.. The Permanent full time employee contract has 28 clauses that cover the information employees must provide to you and your business. You also have part time employee contracts, the company driver pack, director’s service agreement, apprentice, and temporary casual employee contract. Each of these employee contracts will contain the information you need to succeed in business employee relations.
Employment Law Made Easy provides necessary documents to ensure you are within the laws of employment by handing out the employment documents you need. There are laws when it comes to hiring, terminating, and promoting an employee. These laws have everything to do with fair employment practices. Some of the employment documents you may need include absence, discipline, grievance, maternity, and redundancy. Our site has these forms for you in a quick download option.

You can know more about it and can download readymade documents from here . There are also other documents that a landlord needs including inventory checklists and termination notices.

About the Author

employment law is a site where u can easily find a documents which are easily downloadable for private residential lettings.

Irwin Mitchell Glenn Hayes Employment Law Advice Redundancy

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Can you hire a Contract Employee and have a Termination Fee or similar?

We want to hire an apprentice under a one year contract of employment in California (for a construction position). We do not want to train this employee and have them quit within one year of employment. Can we hire them as a contract employee and charge a termination fee or similar of employee quits during the contract? I have already looked under my CA employee laws page and could not find the answer to my question there.

I don't think you can do that as such however you can incorporate the cost of training into the contract and get reimbursed for it if they leave before the contract end. You really need a lawyer

Los Angeles Wage & Hour Law Attorneys CA Employment Law

Didn't get paid for working.?

So this is going to sound a little silly and a lot naive. I am from the United States and studied abroad at a university in Kingston upon Thames. When school finished I had a lot of free time so I then decided to get a side job at a pub. I set up a student account with Barclays and forwarded my deposit information to my manager. I worked roughly 90 hours before I had something to leave to go back to the states for a family emergency. I gave a weeks notice before my departure but still hadn't received my first pay check. Assuming it would be deposited to the account in which I set up because I didn't know as much as a should have known about payment and employment laws in the UK. After returning to the states I wasn't able to open my account to check the funds available because of lost log in information. Long story short, I finally am able to access the account online and have come to find I was never compensated for the time spent working. What do I do?

Most employers in the UK do pay directly to bank accounts and if they have your bank details, it is reasonable to assume that they should pay directly to your bank.

I guess what you should know, based on what you have written above, is:

- They have to pay you for every hour that you worked, even if you hadn't given any notice at all, and they should also pay for any annual leave which you had accrued but not yet taken

- They are only obligated to pay you on their normal pay day, which may be some time after you finish depending on how often they pay (e.g. a company which pays monthly could potentially pay you your final pay about four weeks after you actually leave, if that is when pay day happens to fall). However, I would imagine a pub would be more likely to pay weekly so there shouldn't be such a long delay

- Depending on how payroll works in that particular organisation, it could be possible that you would not get paid in your first month at all (you then get paid twice in your second month). For example, in my organisation, pay day is the last day of the month. But the deadline for managers to submit information to payroll is the first of the month. So, if you happened to start work on 2 May, you would be too late to have your details added to payroll for payment at the end of May, and you would receive your first payment at the end of June, when you would be paid for both May and June

So, all of this explains why there could potentially be a delay, but you don't say exactly how long you have been waiting. If you think it has been an unreasonable amount of time, then I would suggest that your first step would be to contact the pub directly. Remember there could be a perfectly innocent explanation - maybe they just took your bank details down wrong!

The next step, if that fails, would be to contact ACAS (see link below), who are an organisation who can help employees if they have disputes with their employer. They may advise, though, that since you are not in the country, it is not feasible for you to proceed with the next step, which would be taking the employer to a tribunal.

If/when you finally do get paid, make sure you get your pay slips! You will be entitled to claim back any tax which you have paid if you don't plan to return to the UK during this tax year (which ends in March 2010).

Stumpy - why do you assume that she was working illegally? It is perfectly legal for university students who are here on a student visa to take on part-time work, regardless of their country of origin.

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Orange County Lawyers, the Best Legal Allies

Orange County is a place located in Southern California, United States. In a recent census, its population has reached almost 3 Million. This makes it the second most populated county in the whole state of California, and the fifth in the United States.

The county has become famous for its many tourist attractions. To name a few – Disneyland, Knott’s Berry Farm and sandy beaches for swimming and surfing and other outdoor recreations.

This part of Southern California is often portrayed by media as an affluent and politically powerful region. Orange County is at the center of Southern California’s Tech Coast with Irvine being the home to a number of corporations, particularly the technology sector. It is also considered as the primary business hub in the state.

Along with the many attractions as well as vast businesses operations, legal profession in this part of California has marked its place. Big and well-known law firms, including the small ones, have established legal practice in the region covering variety of practice areas.

From the list of potential legal areas includes dealing with:

• corporate matters in tune with the business demand on the area




• employment matters covering labor standards and labor relations




• torts litigations, covering accidents and other personal injury causing scenarios




• Social Security guidance and representations




• civil litigations




• many other potential areas of law relevant to the needs of the region

The legal professionals of the Orange County, the so-called “legal ally,” have vast exposure and knowledge of their areas of expertise. In fact, they become an authority in their line of endeavor.

Various Orange County lawyers have handled high-profile cases. They also handled celebrated cases and the so-called landmark cases of judicial importance that enriches legal precedents. Along with their adept exposure of variety of cases with relevant issues, they have represented well-known celebrities and personalities in all of their legal efforts.

Also in exchange for the privilege of becoming a member of the bar, and concomitantly, to practice law, they represent the general mass including the indigent ones, which sometimes come in pro bono, in all of their legal travails.

The Orange County legal allies provide a variety of legal services in just about any of their clients needs. They offer transactional legal services based on the needs of the clients, full-service to contentious cases and legal consultations.

Orange County lawyers have served a diverged base of business and individual clients including real estate developers, manufacturers, technology, financial and banking institutions. They have developed a culture of excellence in their legal practice and still waging expansive areas of practice to cater various legal needs of potential clients.

Many Orange County lawyers have high degree of professionalism in dealing with their clients. They uphold the honor and dignity of the legal profession in the highest standards of ethical integrity. They become the good example of the best legal advocates.

Apart from their devotion to the legal profession, numerous law advocates in Orange County have received recognition from various awarding bodies, for their professional knowledge and contributions in the legal field.

Orange county lawyers are indeed, the best legal allies that the State of California or even the whole United States ever has.

Our Orange County lawyers have been very committed in providing dependable legal services to our clients. To know more about our law firm and the types of cases that we handle, log on to our website and contact our friendly legal staff.

About the Author

Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

Process Server in Orange County CA We Serve Them

employment law question? UK only.?

I have been employed as a Bank Nurse in a private nursing home. I have worked for them for over 2 years now and have never been given a contract to sign.

Technically, an employer is supposed to issue you with a contract within 8 weeks of you starting. However not having done this wouldn't really be classed as "breaking the law" - it's one of those things that lots of employers do forget, and clearly you've never chased them up about it.

Normally, if you haven't signed a contract, then this isn't actually a problem - because you've been turning up for work and they've been paying you, a contract of sorts has been established and you have exactly the same rights as any worker who has signed a contract. They certainly can't just dismiss you with no notice or no reason.

However, in your case, my understanding is that the term "bank nurse" means someone who is employed to cover shifts on an irregular basis, e.g. if other staff are on holiday or sick. Thus you are not actually *guaranteed* a set number of hours per week. In order for you to be guaranteed these hours, your title would be "part-time nurse" or something, not "bank nurse". Therefore I wonder if there would actually be any protection under employment law for you.

Your first step should simply be to talk to your manager about your concerns. Clearly I don't know what your relationship is like, but most employers value staff who have been there longer as they obviously have more knowledge about the place, and therefore would prefer to accommodate you over new staff that are being hired.

A word of advice though - all too often, judging from what I've read in this forum, people create problems for themselves by going into a meeting already on the defensive, trying to quote employment law to their employers and telling them that they're in the wrong. DO NOT approach it like this. Simply outline your concerns about losing your hours, state that you'd very much like to retain your hours, and let them take things from there.

Employment Law by Tamara Lewis (8th edition)

Anger building in San Antonio over possible immigration law
Momentum is building in Texas to introduce a bill modeled on Arizona's new -- and controversial -- immigration law. Republican lawmaker Leo Berman has now joined state Rep. Debbie Riddle in an effort to file legislation in January that would require law enforcement to question people about their immigration status. The Brown Beret Group met outside the Guadalupe Cultural Arts Center on Wednesday ...
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Arizona law meant to provoke government action
Where did Arizona's new immigration enforcement statute Senate Bill 1070 come from, and where is this fast-developing trend of state activism in immigration law enforcement headed now?
Employment Law: Family Medical Leave Act (FMLA)

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Local Law School Pipeline Programs and High School Students Benefit From Sheppard Mullin Diversity & Inclusion
Dianne Baquet Smith Recognized With Firm's First Diversity & Inclusion Award
Los Angeles Employment Law Attorney Civil Rights Lawyer CA

Employment Law – How to Make it Work for You in a Recession!

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.

For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield.

It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.

There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.

Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:

1. Sex
2. Race
3. Disability
4. Religious Belief
5. Age
6. Sexual Orientation

Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:

• Refusing to employ or consider you for a job
• Offering you a job on less favourable terms than others
• Refusing to promote or transfer you to another job
• Giving you less favourable benefits than a colleague
• Shortening your working hours
• Dismissing you or making you redundant

There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.

Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.

In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.

Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam is an experienced UK Employment Law Solicitor and specialises in UK Employment Law Advice from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729.

Anthony Haller on American Law Journal: Discrimination Cases

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Minimum Wages On The Rise In California

Attention California Employers: On January 1, 2008, the Minimum Wage rises to $8 per hour from $7.50. So, you will need to make appropriate adjustments to your payroll systems. Further, many employers also are raising their employee's wages that are above the minimum wage in order to retain them.


Other big changes effecting California Employers in 2008 are:


New I-9 Forms, employment verification forms will be required effective December 26, 2007, for all new hires. Expect an increase in work place raids. So, do preventative audits now, and make contingency plans for what to do if you are raided.


Expect a tidal wave of class action wage and hour lawsuits for unpaid overtime, missed meal and rest periods, and working off the clock. The California State Supreme Court ruled this year that the remedy for a missed meal or break period is considered to be a "wage" and not a "penalty".


Therefore, the statute of limitations is now 4 years and not 1 year, creating a huge incentive for class action lawsuits. Accordingly, do a preventative audit now to determine whether you have misclassified any exempt employees or independent contractors. Be sure that employees are taking their 30 minute unpaid meal periods and there 10 minute paid rest breaks and, most importantly, that they are documented.


Expect a flood of Sexual Harassment Lawsuits. Therefore, it is imperative that all employers who have 50 or more employees provide their supervisors with a minimum of 2 hours of sexual harassment prevention training to be in compliance with the law. Further, employers must have written Sexual Harassment Policies. It is not enough just to have them; you must implement them and effectively communicate them to your supervisors and employees.


In addition there are a number of minor changes that are more of a paperwork nuisance for small businesses, such as, AB 650, which requires all employers to notify workers about eligibility requirements to receive the Earned Income Tax Credit, a federal program to aid low-income workers. The notices must go out at the same time or within a week of the IRS W-2 form or 1099 form used for independent contractors.


AB 338, which extends the eligibility time for temporary disability payments.


AB392, which requires employers with at least 25 employees to give workers as many as 10 unpaid days off when a spouse is on leave from military deployment.

AB 869, which requires state labor code enforcers to cross-check with payroll records to make sure all employers are providing workers compensation insurance.


2008 is sure to be a busy year on the employment front for California employers. In order to comply with the ever changing requirements of California law, and to stay out of court, you need to consult with competent employment law counsel.

About the Author

For information and a free evaluation of your case, contact us at:
Law Office of Eli M. Kantor 9595 Wilshire Blvd., Suite 405 Beverly Hills, CA 90212 (310) 274-8216
Or visit our websites at:
http://www.sexualharassmentprevention.net
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Liberal Fascism (part three B)

How to avoid a costly hiring mistake
You only have a limited amount of time to interview each candidate. Use it wisely or it will cost you — oftentimes more money than you think. United States - Business - Business Services - Home - Personal Finance
Laid-off lawyers use obscure law to sue for severance

2 TV debates might be the key to victory
A total of 14 candidates—from seasoned political veterans to first-timers—are on the ballot as voters begin selecting their choice to fill the vacancy in Hawaii's 1st Congressional District.
Legal Questions : What Is an Employment Background Check?

Will Obama EMBRACE the Court's ERADICATION of REVERSE DISCRIMINATION or will Obama DEFEND his QUOTA system..?

Obama as a poster child of Affirmative Action, what you can achieve simply based on your color rather than your qualifications and experience, will he acquiesce with the will of the Court or will he challenge it?

Oh he will defend affirmative action and color discrimination(black on white) for always..... it got him elected... the blacks are counting on him to make their lives better... Didn't you see the crying thousands at the inauguration.. saying how good their lives would be now that a black was in the White house?

Oh no, he will not stop until the blacks, even tho there are less of them in this country.. are dominant in every facet of the society whether they earn it or not.

When a black kid can get in to college without the proper educational background.. just because he is black.. over a white or , red or yellow kid.. then something is wrong.

And yes.. Obama made it that way.. so did his wife...he will keep it.. even if it isn't and has never been fair.

Human Resources : Federal Labor Law Poster Requirements

Law school Q&A

I went to a terrible law school, how do I get law firms to hire me?
Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.

If I want to be a lawyer, where is the best 4year college to start with before law school?
Now, the thing is I am not rich and I have a B-average. I live in KC Missouri and the closest school I will consider is MU. I want to stay in the USA and will go anywhere except Alaska.

if im a lawyer trying to help the plantiff sue what am i called?
a lawyer - I think 'council for the plaintiff' sounds pretty good. - Someone who shouldn't be an attorney, if you went through law school without learning this. - A shyster by any other name is still a shyster. - Plaintiff's attorney. We only.

if law school lasts 4 years, what does the frase 'pre law ' mean that is so often heard in movies?
law school is only 3 years pre law is 4 years for your under grade degree - pre law 4 years then 4 more years to become judge, or president - Pre law is a program or.

I'll be applying to law school next fall. should I get letter of reference from an employers or two from profs
I've been in the work force for 15 years and been getting my undergrad on a part time basis. You need at least two letters of recommendation and typically that's fulfiilled through profressors, but I think that a.

I'm 28. Am I too old to get my law degree?
it seems everyone else in law began when they were in their early twenties. I'm just about to start law school and am wondering if i should go into a different field. no you are not - I don't think that's too old to start. I went to.

I'm 35 with an associates degree. Is it too late for a law career?
No its not too late. In fact, in my law school experience, I found that the 'older' students were more successful since they mostly stayed out of the all the social nonsense because they had children, etc. Also, people who look 'older' as an.

im in highschool and i want to get started on taking classes at night time for law school?
I will be a Jr. in high school next year and i have wanted to be a lawyer all of my life sence i was little and i would love to have information sent to me at how i could get.

I'm starting law school, and I need a light, dependable laptop for under $1,200. What are my best options?
I'm going to be using the computer for taking notes in class and I will be dragging it everywhere, so I want something light that has a decent battery life and will not die, taking my notes and life with.

Is 35 too old to go to law school?
I recently saw on the news that a 99 year old man just received his high school diploma. If that old geezer can go back to school so can you! Check it out. - no, you are never too later or too old to learn something - Heck no,.

Is a correspondence law school a good idea or bad idea?
bad idea. it is best to go to a law school that is accredited by the american bar association (ABA). This will help you not only find a good job as an attorney, but will also allow you to take the bar exam. Going to law school.

is a JD from an online law school in California worthwhile?
I am thinkng of becoming an attorney down the road, but don't have the time for the traditional brick and mortar class room, not to mention the 100k tuition while trying to make ends meet. But I would really rather spend my golden years as an attorney/consultant than.

Is going to law school worth it, even if you are financially challenged?
I am graduating from university in April, and I live in Ontario Canada. It is worth it if it is something you know you really, really want to do. I do not have a lot of money so i am funding my law school entirely through.

is going to law school worth it?
of course if you wanna make bank - Only if you want to end up rich. - If your intentions are to practice law, of course it's worth it! The education is very expensive, but you will pay that off in no time after obtaining your degree. Good luck to you!.

are there any lawyers that can give me advice on how to prepare for law school?
You can contact me and I'll give you my two cents worth. I just graduated a year ago so it's still fresh in my mind. You can contact me through Yahoo. Just click on my profile. - I can. e-mail me with.

Is it worth it to go to law school? More details below?
If you spend the time and money to go, and you graduate and get a good job is it still worth it once you have been on the job? Are you just graduating to spend long hours working for and with the wealthy make good money but.

Is law school enjoyabe or too hard?
I am a sophmore in high school, and plan on going to a jc, then law school. Will it be very tough? How long must you attend before you can become a respectable lawyer? I am currently a 2nd-Year law student, called a 2L. Law school takes time, money, commitment, analytical skills,.

Is major in Philosophy good preparation for law school?
Did anyone major in Philosophy and went on to law school? Do you find that it was a waste of time or was it adequate preparation for law school? I like to hear someone's experiences because I am thinking of majoring in it as a possible second degree on my.

Is someone who went to law school and finished a lawyer even though they haven't taken the bar?
I have a friend who took offense that I didn't consider him a lawyer because he had not taken the bar exam; and every definition concerning American lawyers online state 'licensed to practice law.' or some variation to that effect. He.

Is there an online law school where a graduate student can get their law degree?
If you want to get a J.D. (Juris Doctor which is the American Law Degree), there are no places online to get one. Some of my collegues say they are going to drop out of law school and get their degree online, but.

Law school or travelling next year?
What shall I do! Without question travel. You can always delay law school by one year. When you finish law school, you will probably never have the time to take a year off to travel. This is probably the only opportunity in your life that will be able to do this. I travelled.

Lawyers or Law Schooler?
I'm applying to law school pretty soon and i was told when in law school there are only ONE test a semester, is this statement true? If so how are the test? Thanks! Very, very true. I've attended two different top tier schools (I transferred up after my first year to a better school) and,.

Looking for a new job?
I am a 26 year old single mom with a very low paying job. seriously after insurance and daycare you would cry. but anyways here is the thing i am trying to go back to school in the fall for my political science degree and then hopefully law school. so now we are talking.

As a lawyer looking for an alternative career path, what types of jobs/employers prefer candidates with JDs?
You aren?? the first new attorney to think about other options. The first year of employment after law school is frequently a disappointment for first year attorneys. Law school does not prepare lawyers for employment or the realities of the job.

becoming a lawyer..pros and cons?
I'm not sure if I want to go through the three years of law school. Is it worth it? Law school is not always 3 years it can take up to five years. I worked for my dad that was a lawyer till his passing and now im on the road to becomming one..

best way of getting into law school?
prereq classses? extra activities? Good undergrad grades, getting a good score on the GRE and LSAT. People with backgrounds in English Literature, History, Political Science or Philosophy tend to do well in law school. You might want to get a job in a law office as a secretary, law clerk, or paralegal.

Question for lawyers or people who are familiar with law as a career:?
I am a pre-law student who is very money-motivated and at the same time a little uneasy about the large amount of debt I will take on trying to finance law school. I'd like to know what are the most lucrative areas of law to concentrate.

Should I be ashamed of telling people that I want to be a lawyer when I grow up??
My dad's side of the family are so discouraging saying that I can't get into law school, when I'm a 4.0 student and an ASB president right now. They said that lawyers are just a bunch of selfish and wealthy people.

so it means I would have to finish college before even applying for law school?
No, you do not have to finish before applying to law school. You should be in your last year of school. Applying in your junior year will NOT get you accepted anywhere. Take the LSAT in JUNE, NOT in October. This gives you.

Starting a Long Distance Relationship and not knowing where you stand as in if you are a friend or daing?
A friend set me up with his best friend, a guy that i knew in law school, and I have been out on 2 dates w/ him. He has sent me 2 cards: one to wish me luck on.

to Lawyers: i'm going to retake the LSAT!!?
any suggestions? i'm going to retake it with Kaplan.any suggestion will help! thank u! Study harder. Get smarter. - A good study program will help but if you still dont like your score, you can always try and get into a night program at a law school since night student LSAT.

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Centennial College: Law Clerk Program

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How Do I Find Good Employment Law Firms in Los Angeles?

Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.

This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.

As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles’ employment law firms which specifically handle employment-related disputes.

Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.

How to Choose the Right Firm

Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.

In selecting a firm, several considerations must be taken into account. These are some of them:

1. Choose a firm that focuses on employment cases.

Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm’s concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.

2. Consider the firm’s financial and staff resources.

Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.

A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.

3. Select a firm that has top caliber attorneys in its list.

Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.

4. Check firm’s record of accomplishment.

Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.

Choose a firm with exceptional experience, expertise, and ample resources.

5. Select a firm that is committed to its clients.

Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.

A firm should also address its clients’ needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.

6. Choose a firm whose lawyer appears regularly before the judge.

Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.

Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html and have your case evaluated.

About the Author

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

Employment Law : What Is an Employment Contract?

Cambria Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Cambria for Job Discrimination or Retaliation

Never have there been so many tools for Cambria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Cambria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Cambria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Cambria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Cambria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Cambria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Cambria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Cambria by your employer, we invite you to call our office.

About the Author

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Cambria Employment Lawyer and Cambria Employment Attorney anywhere in Southern California from Cambria to Orange County, and Los Angeles to Palm Springs and all points in between, including Irvine, Huntington Beach, Anaheim, Oceanside, Newport Beach, Fullerton, San Diego, Santa Ana, Riverside, Ontario and Palm Desert.

Law Videos - Employment Law - Chapter 8

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How Do Divorce Lawyers In San Diego Handle Complex Divorce Cases?

How Do San Diego Divorce Lawyers Handle Complex Divorce Cases?

San Diego divorce attorneys help clients from all backgrounds, with all sorts of needs and who need assistance with a plethora of different issues.  Basically, many divorce cases are anything but simple, and complicated divorce cases can lead to added stress, delays and expense for the parties involved with them unless experienced San Diego divorce lawyers are involved who understand how to work through these complicated cases to obtain a resolution.

If you feel that your divorce case will be one that's complicated and involve several different issues that could be impediments to a solution to the matter, you should seek the help of San Diego divorce attorneys who have experience in these matters.  Below is a brief look at just two of the many issues that could arise in this context.

Stock Options

Many divorce cases involve situations in which one party has stock options through his or her employer or a business in which he or she has at least a share.  It is not easy to separate assets between the parties as the law requires without the help of professionals who can place a proper valuation on these intangible assets in order to come to a fair solution.  Experienced San Diego divorce lawyers will have access to those professionals so that this step can be taken in an efficient manner.

Public Figures

For many people who live at least part of their lives in the public eye, a divorce case can be damaging to their reputation and perhaps their business interests, particularly if such a case would lead to a feeding frenzy by the media.  Experienced San Diego divorce attorneys will be able to help the parties work through this process legally, civilly and without the publicity that can lead to an antagonistic case and much more in the way of time required and expense.

Generally, there are many different issues that can arise that can make any divorce case complex.  If you feel that your divorce will be one that involves different types of complications, you need to take steps to make sure that you have San Diego divorce lawyers working on your behalf who understand these complexities and how to work through them with your interests in mind.  Contact the Law Offices of James D. Scott today to schedule an initial consultation.

About the Author

James D. Scott is the senior partner at Scott Family Law, san diego divorce and mediation attorneys. Visit them at http://www.scottfamilylaw.net/

San Diego Lawyer, John Gomez

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Which party believed there should be a strong federal government?

Anti-Federalist

FederalistMarbury v. MadisonFederal financing became more readily available

Barton D Moorstein Oral Argument Maryland Court of Appeals 0001

Where can i find GA Employment laws for employees, not employers?

I need to know what i can do about my ex-supervisor disclosing my personal information after i left my job. People from the job are calling me (left job over 2 months ago) at home telling me my business, that this (B)witch has told them, from my company file. Its not so much what she told, but now i dont feel like my personal info is safe.

From the State Dept of Business Practices. Or contact a lawyer. Sounds like you have grounds for libel.

Employee Discipline - 12 Danger Zones

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Defence Force child minders could lose payouts
HUNDREDS of former ABC Learning staff working in Australian Defence Force childcare centres may not get redundancy entitlements because the company's receivers cannot pay and there is uncertainty over the government's employment compensation scheme.
Surviving redundancy

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Employment Notice period Help - UK please?

Hi there,

It is a myth that notice period is based on your pay period in the UK.

Section 86 of the Employment Rights Act 1996 sets out minimum notice periods that need to be given. They are:

- Employee to employer - "not less than one week" if the employee has been employed for one or more months; and
- Employer to employee - not less than one week per year of service up to a maximum of 12 weeks.

Normally you need to check your employment contract to see whether the contract requires you to give more than the statutory minimum. But because your employment contract is silent, all that is required is that you give the statutory minimum notice to your employer.

So the answer is - give at least one week's notice in writing. BUT that does not stop you from giving more than one week's notice, if you want to. You just have to keep it reasonable, i.e. don't make it too long a period either. If you have given a month's notice, I would see that as completely reasonable, and your employer would not be permitted to cut it short unless you agree (or it pays you in lieu of notice, or it has reason to dismiss you).

Incidentally your employer is wrong for not putting a notice period into your employment contract. Section 1 of the Employment Rights Act 1996 sets out all the things that a written employment contract must contain - one of which is the notice period that both parties need to give/receive.

British Nazi Party

Anyone know anything about employment law?

Hey everyone,
Im having a problem and want a little expertise in the subject of employment law in the state of Virginia. My boss has been making our group work mandatory overtime since August..it is now January. It's one hour a day and we are getting paid time and a 1/2 for working this OT. We get an hour lunch. We were told the other day that this OT would be indefinite, might not ever end. We were all hired to work 8-5 since this is business hours. We were told now that we either have to work 7am-5 or 8am-6. I thought the standard full time shift was 40 hours? I've tried talking to my boss about it, because Im also a full time student. She doesnt think that one hour is alot, but that hour really makes a difference when you have other obligations outside of your job, especially when its been 1 hr per day for the last 6 mos..that really adds up!! Is this legal?

There can be a lot of variable at play, size of company, does company have shops outside the state, most likely its legal or the company wouldnt risk mandating it. The best place to check is the Employment Comission in your state.

Segment 5 - "Understanding Virginia's Unemployment Benefits"

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Secondment from UK to Singapore office?

My company is seconding me to their Singapore office for 2 years but my contract and pay will still remain under the UK company. Does this mean I fall under UK employment law or Singapore's employment law? For eg. can I claim the minimum UK statutaory entitlement for annual leave (20 days)? Appreciate any type of help!

If you aren't comfortable with your HR departments answers, I would say you need to contact a Company Secretarial Firm in Singapore.

As a rule of thumb I would say, if you are subject to Singapore Income Tax you would be governed by Singapore law inclusive of Workman's Comp.

Hourly employees are normally governed more strictly and follow union rules. Salaried positions only have the benefits of their individual contract.

With the current rental situation in Singapore I hope your company is providing accommodation.

Hope this helps.

Good Luck

Davos Annual Meeting 2010 - Special Address by Li Keqiang

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Transport Union calls for labour law review
PETALING JAYA: The Transport Workers Union of Peninsular Malaysia (TWU) has urged Human Resources Minister Datuk Dr S.Subramaniam to withdraw or postpone the proposed amendments to three labour laws.

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Employer Compliance to Ensure Silicosis Prevention

Silicosis is considered a highly preventable illness but invididuals who suffer from this condition are should take steps to protect themselves from further harm, especially if they contracted silicosis at the workplace. Employers are responsible for providing safe and healthy environments for workers, or, if this is not possible, providing a clear distinction of the threat of silica exposure and steps to prevent or lessen the risk.

What Should Employers Do?

Compliance with OSHA (Occupational Safety and Health Administration) and MSHA (Mine Safety and Health Administration) regulations is absolutely vital for employers. Both OSHA and MHSA have established guidelines for the safe amount of silica that workers may be exposed to in any given shift. However, given broad medical evidence for the dangers of silica exposure to workers, mere compliance is no longer enough for employers. Employers must be prepared to shoulder the burden of true silica precautions that protect their workers and minimize the chance of costly and lengthy silica litigation. For example, employers should be prepared to provide disposable or washable work garments and the proper washing facilities so that workers do not take toxic silica dust home with them. They should participate in surveillance and air monitoring programs to assess and evaluate the amount of silica dust workers are being exposed to. During the work period, employers must provide proper respiratory protection for employees at risk for exposure to silica dust.

Negligence and Silica Law Suits

Unfortunately, silicosis has a long incubation period and may not show up in exposed workers until years, even decades, after original exposure. The burden of proof is placed on an employer when silica litigation is developed, thus placing responsibility on the employer if negligence to an employee's health occured. If employers fail to prove that they provided the best possible protection against silica exposure or are found to have failed to fully follow health and safety regulations, they are responsible for damages and compensation to affected workers.

What To Expect In Silica Litigation

You've received medical attention for your silica-related illness. You've consulted with an experienced silica attorney who has verified that you could be eligible for compensation and damages for your occupational silica exposure. How do I to better understand silicosis lawsuits?

Expect the litigation process to be long and often exhausting. As a silica litigant, you will be required to disclose often sensitive medical information in the name of the lengthy discovery process. Be ready to undergo an Independent Medical Examination (IME) in which an independent doctor diagnoses your silica-related illness and evaluates your medical history. In addition, the discovery process may uncover your employment and other records. A jury trial will be the next step if a settlement is not reached.

Your attorney may hire an expert witness or two with experience in silica exposure and other occupational hazards. These experts will provide detailed testimony and reports for trial. In addition, your attorney may stage a mock trial or invest significant funds in exhibit and technological preparation for trial day. A jury of an individual's peers will listen to a victim's testimony, which, when using these measures, will be compelling. Individuals severely affected by silica exposure are advised to develop a silica lawsuit in which monetary compensation may be awarded, and this will provide relief from the costly medical bills often associated with this condition.


About the Author

For more information on silica exposure, visit http://silica.legalview.com/. Or for information on other legal issues such as the Singulair risks visit http://singulair.legalview.com/. Also use LegalView's site to navigate through an array of legal issues and information such as the Chantix side effects or potential for a levaquin class action lawsuit.

UKTI Doing business in China- A pot of Gold? Part 1

What do you think of this aricle about the inbalance in employment?

Employment law is another area of concern, with such problems as unequal treatment around parental leave, retirement age, and pension entitlements. They also assert sexual harassment policies are de facto directed against the male style of inappropriate sexual behaviour in the workplace, while ignoring the female style of inappropriate behaviour in the workplace. Others assert that many sexual harassment laws restrict men's basic freedoms, and cause men to be constantly on edge[citation needed]. They express anger towards the fact that a man telling a joke or simply referring to a co-worker by a nickname is grounds for dismissal or lawsuits. Spain's recent 40% requirement on boardroom members has come under harsh criticism from the movement, in particular as it violates EU law which would make working for a company with 65% male board members illegal, while a company with 100% female board members would be acceptable under Zapatero's new law

You're right - there is much inequality in the workplace regarding maternity / paternity leave - and that law in Spain does sound sexist to me - if there is a 40% rule, it should apply across the board, not just to desirable 'mens' jobs but also cleaners, nurses, care workers, etc.

I have to disagree with you on the sexual harrassment law - men are increasingly reporting and prosecuting for sexual harrassment so it would seem the law is doing its job in applying the measures consistently

Basics of Employment Law for Law Clerks (Part 1)

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Csaba Laszlo launches legal fight against Hearts after axing
FORMER Hearts manager Csaba Laszlo has started legal proceedings against the Edinburgh club as he seeks compensation for what he claims was unfair dismissal in January.
Compromise Agreements

Sheriff's captain involved in off-duty boat crash terminated from employment
LAKE COUNTY – A veteran member of the Lake County Sheriff's Office who became the focus of controversy following an off-duty fatal boat crash in 2006 has been terminated from his job.
Employee Rights Attorney Introduction

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Are there any attorneys out there who are involved in employment law that will answer a question I have?

Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?

You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.

In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.

Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.

If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.

Best wishes.

Law Videos - Employment Law - Chapter 18

Employment law question disputing disciplinary action?

A supervisor, not my direct supervisor, has always refused to call me by my religious name. Everyone calls me by my religious name. This supervisor has made rude comments to me around my religious name in the last two weeks, and has made a point to discussing her faith and religious activities in front of me in the last two weeks. I personally don't care if she calls me by my legal name or expresses her faith around me, except that she is being obnoxious about it. Today she wrote me up for a minor infraction that is generally overlooked or handled verbally.

How can you dispute something when you say you are guilty of violating a "minor infraction"? Either you did or you did not. And with your statement, you did. It does NOT matter what or how they handle other employess. You do not know personally what their HR records look like or if in fact they were written up.

I know if I was held at or written up, I would personally not want to tell my fellow co-workers!

At Will Employment - I got fired! What can I do?

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