by tcattorneynet | Oct 4, 2019 | Employment Law
In cases under the Fair Labor Standards Act, a question sometimes arises as to whether a worker is an independent contractor or an employee. The answer can be important, as an employee may have rights to minimum wage and overtime compensation that an independent...
by tcattorneynet | Sep 19, 2019 | Employment Law
Can federal employment laws require an employer to change an employee’s job duties, as an accommodation for a disability? The answer is sometimes, depending on the circumstances. The analysis often turns on whether the duties at issue are “essential functions” of the...
by tcattorneynet | Aug 20, 2019 | Employment Law
Law of Joint Employment A worker’s joint employers are jointly and severally liable for any violations of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc., 848 F.3d 125, 134 (4th Cir. 2017). This means that for purposes of the FLSA’s requirements...
by tcattorneynet | Jul 26, 2019 | Employment Law
Congress enacted the Civil Rights Act of 1866 in the aftermath of the Civil War, when many southern states were passing laws restricting the legal rights of newly-freed slaves. The 1866 Act, among other things, conferred upon “all citizens” and “all persons” the same...
by tcattorneynet | Jun 11, 2019 | Employment Law, Uncategorized
In employment law, successor liability addresses the situation where one company violates Title VII of the Civil Rights Act (or other federal employment laws) by subjecting an employee to harassment or discrimination, then that company is sold to a second company...
by tcattorneynet | May 16, 2019 | Employment Law, Uncategorized
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Specifically, the PDA prohibits employment discrimination “on the basis of pregnancy, childbirth, or related...
by tcattorneynet | Apr 17, 2019 | Employment Law, Uncategorized
The federal Employee Retirement Income Security Act of 1974 (ERISA) sets requirements for most voluntarily created retirement and health plans in the private sector. ERISA’s rules are intended to protect the employees in these plans. Among other things, ERISA (1)...
by tcattorneynet | Mar 19, 2019 | Employment Law, Uncategorized
The National Labor Relations Act (NLRA) gives employees the right, among others, to unionize, to join together to advance their interests as employees, and to refrain from such activity. 29 U.S.C. § 151–169. The NLRA makes it unlawful for an employer to interfere...
by tcattorneynet | Feb 12, 2019 | Employment Law, Uncategorized
The Family and Medical Leave Act (FMLA) is a federal law that gives “eligible” employees of covered employers the right to take a limited amount of unpaid, job-protected leave for specified family and medical reasons. The FMLA entitles an employee on...
by tcattorneynet | Jan 18, 2019 | Employment Law, Uncategorized
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) protects employees and job applicants from employment discrimination based on genetic information. Title II of GINA prohibits employers (and various employer-like entities and programs) from...
