When being hired for a job, a worker’s classification as either an “Employee” vs. an “Independent Contractor” is often determinative of whether the worker is covered under certain laws which establish your rights within the Employer-Employee relationship. LIMITED RIGHTS FOR INDEPENDENT CONTRACTORS Independent Contractors and freelancers have limited legal rights compared to those individuals hired…
What is Severance pay? Severance pay is money that’s provided to an employee who is leaving the company for reasons other than retirement. Typically, the circumstances surrounding severance pay include layoffs, elimination of a position, or other circumstances leading to the termination of employment. The purpose of offering severance pay is to help the employee…
It is unlawful for an employer to discriminate against any woman because of childbirth, pregnancy, or pregnancy-related medical conditions. According to the Pregnancy Discrimination Act (PDA), employers with 15 or more employees are legally obligated to treat pregnant employees the same way they would treat employees with disabilities. This amendment to the Title VII of…
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. Verbal or written conduct: Comments about clothing, personal behavior, or your body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking…
EEOC: EMPLOYERS, YOUR EMPLOYEES HAVE THE LEGAL RIGHT OF ACCESS TO A RESTROOM THAT CORRESPONDS WITH THEIR GENDER IDENTITY The Equal Employment Opportunity Commission (EEOC) recently issued a Fact Sheet which unequivocally states that an employer is guilty of unlawful gender discrimination if they restrict the employee’s access to a restroom that is not consistent…
David J. Linesch Explains The New Overtime Pay Law on Fox News
Hurricane Days: Should You Be Paid If Your Employer Closes? For those of us living near the coast, the threat of hurricanes is a common yearly occurrence, and while most employers have contingency plans for maintaining production and service during workplace closures, many won’t address the manner in which employees should be paid in such…
GOOGLE “AGE DISCRIMINATION” AND YOU MAY GET GOOGLE INC., AS A SEARCH RESULT! A recent lawsuit filed against Google highlights that age discrimination, like all other forms of workplace discrimination, is a serious violation of the law that can potentially lead to significant economic consequences for employers. In Heath v. Google Inc., plaintiffs have filed…
The Supreme Court in United States v. Texas, rendered a split decision (4-4) on the expansion of Deferred Action for Childhood Arrivals program (DACA+), as well as the Deferred Action for Parent Accountability (DAPA). DACA+ would have expanded the population eligible for the DACA program to people of any current age who entered the United…
Employer’s Can’t Refuse Reasonable Religious Accommodations When Hiring Potential Employees By: Matthew Brotz Imagine being denied a job or being fired because part of your attire speaks to a personally held religious belief. In today’s progressive society it may seem unlikely. But, think again. Not long ago, this happened to a young woman named Samantha…
