Recently I've written about class action lawsuits by debt settlement company
employees against their employers for wage issues.
The Federal Employers» Liability Act (FELA) serves as the exclusive remedy in an action brought by a railroad
employee against his employer.
In Case C - 144 / 04 Mangold v Helm [2005] ECR I - 9981, the CJEU found that the general EU law principle of non-discrimination could be invoked by
an employee against their employer, such that national legislation creative of a discriminatory contractual clause was disapplied.
In turn, workers» compensation laws provide the exclusive remedy for
employees against their employers.
Obtained a settlement on behalf of a former
employee against his employer in an Employee Retirement Income Security Act matter.
Neil's primary area of practice is the representation of
employees against their employers.
Indeed, one court has recently said that «[a] civil personal injury lawsuit by
an employee against an employer... was intended to be the rarest of exceptions to the immunity granted to the employer.»
Case law on employer monitoring of online activity of employees is more limited, but the new tort of intrusion upon seclusion may potentially be used in this context by
an employee against an employer's activities.
Not exact matches
The
employer should make sure that they have a legitimate case
against the
employee in this instance because many situations are covered by the Family and Medical Leave Act (FMLA) and other laws that protect
employees.
Employers have always found themselves balancing the desire to provide attractive benefit compensation to their
employees against the need to stay mindful of their bottom lines.
So before taking any action
against employees who refuse to work, consider guidance from public authorities and whatever other
employers in the same geographic area are doing.
Julie Yap, a Sacramento - based partner at Seyfarth Shaw, which represents
employers, said she advises companies to emphasize their policies
against harassment by non-
employees as well as
employees, to encourage reporting of incidents, and to require robust training.
These
employees are emotionally disconnected from their companies and can potentially end up working
against their
employers» interests.
By making it clear that discrimination
against LGBT
employees is prohibited,
employers will better position themselves to recruit not only the estimated three percent of the population that identifies as LGBT, but also other candidates, particularly millennials, who expect to work in a diverse and inclusive workplace,» Phillis said in emailed comments.
«Andy Puzder is
against unions, calls the minimum wage and overtime «restrictions» and
employees «extra cost,» and even said he wants to fire workers like us and replace us with machines that can't take vacation or sue their
employers when they break the law,» the nonprofit Interfaith Worker Justice quoted Rogelio Hernandez, a Carl's Jr. cook, as saying.
Most recently, an anonymous
employee aired a slew of grievances
against her former
employer, ZocDoc, a Yelp - like service for finding doctors, and said she had hired a lawyer to pursue action.
But still, he says, the bar for
employees bringing harassment claims
against their
employer «is very high.»
Ontario Premier Kathleen Wynne announced Tuesday pay transparency legislation that would require all publicly advertised job postings to include a salary rate or range, bar
employers from asking about past compensation and prohibit reprisal
against employees who do discuss or disclose compensation.
The main arguments raised
against mandatory paid leave are generally that it's expensive, and also that even if
employers don't have to pay the salaries of their on - leave
employees themselves, it's still a burden to find someone to fill in while the
employee is out.
These work just like bank accounts:
Employers contribute funds for each
employee, and each
employee can submit claims
against the credit he or she has built up.
Surprisingly, one in 10
employees said their
employers tracked them 24 hours a day, which is
against the law in all 50 states, according to TSheets.
To help leaders identify how well their benefits and perks stand up
against those that
employees expect or want to receive from their
employer, Gallup has identified categories that reflect how important the benefits and perks previously described are to
employees in general.
California law expressly requires
employers to reimburse
employees for business expenses and several suits proceeding
against Uber are based on that state law.
This time, the focus is more narrowly on ensuring that people not be forced to agree to potential arbitration as a condition of their employment and that
employers be prohibited from «threatening, retaliating or discriminating
against, or terminating any applicant for employment or prospective employment or any
employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.»
When
employees and
employers work together, they can form a powerful team
against medical uncertainty and the millions of lost workdays that result from incorrectly diagnosed or improperly treated conditions.
Employment practices liability insurance (EPLI) is a specific type of business insurance that protects
employers against lawsuits initiated by
employees.
The European Employment Directive only allows
employers to discriminate
against employees on the basis of religion where there is «a genuine, legitimate and justified occupational requirement» (GOR) that the
employee shares the faith of the school.
So, basically these
employers are forcing their relgious views on their
employees by denying something that is
against the owners religion.
Unfortunately
employee lawsuits
against employer companies together with union featherbedding and gauging are sending corporations OUT of the U.S. (and to some extent Europe) and TO India and China (and slightly tto NAFTA).
This issue arises when a woman with healthcare through her or her spouse's
employer (which is how most of us get healthcare in this country) has an
employer who is
against contraception and does not want any
employees to have access to contraception.
Mo one is saying that
employees can't use contraceptives, just don't make the
employer pay for them when it goes
against their belief, it should be up to the business.
When in doubt,
employers should consult an employment attorney to ensure that they are complying with all laws when taking any adverse action
against an
employee.
Under the law, an
employer may take a credit
against its minimum wage obligation and pay a reduced minimum wage to certain «tipped
employees» (i.e. individuals who have regular customer interaction and receive more than $ 30 dollars per month in tips).
Many
employers in these states, as well as in others where this sort of open sale and use is still
against the law, simply decided to turn a blind eye to marijuana testing, opting instead for clear clauses in contracts that stipulate that
employees may not show up for work under the influence.
This law also bars an
employer from discriminating
against an
employee exercising this right.
Employers may not suspend, fire, or discriminate
against an
employee for using these rights.
Also requires
employers to make a reasonable accommodation to provide appropriate private space that is not a bathroom stall, and prohibits discrimination
against an
employee who exercises or attempts to exercise the rights provided under this act.
Hawaii: specifically prohibits an
employer from denying employment, withholding pay, demoting, or in any other way discriminating
against a lactating
employee.
The
employer may not discriminate
against an
employee who chooses to express breast milk in the workplace.
In 2013 the ECtHR ruled that a British Airways
employee who wished to wear a visible cross around her neck had been indirectly discriminated
against, in violation of her freedom of religion, due to her
employer's ban on the wearing of religious symbols.
Of course some people will want to and it is hard to legislate
against it, but at the same time responsible
employers should say, «I don't want to work my
employees to death.
The European Employment Directive only allows
employers to discriminate
against employees on the basis of religion where there is «a genuine, legitimate and justified occupational requirement» (GOR) that the
employee shares the faith of the school.
He successfully represented
employee benefit funds
against employers that refused to pay the pension and health benefits their workers had earned, and he was part of the legal team that won death row clemency for a Virginia inmate.
There was a reason why even FDR was
against public
employees unions and I quote «All Government
employees should realize that the process of collective bargaining, as usually understood, can not be transplanted into the public service, It has its distinct and insurmountable limitations when applied to public personnel management» «The very nature and purposes of Government make it impossible for administrative officials to represent fully or to bind the
employer in mutual discussions with Government
employee organizations» «The
employer is the whole people, who speak by means of laws enacted by their representatives in Congress.
This is particularly true since it counts the
employer share of payroll taxes
against the individual
employee.
«It is clear that too many
employers are failing in their duty to tackle harassment, bullying and prejudice
against LGBT + workers and it's about time they took seriously their duty of care for their
employees.
Wasn't it
employers who forced
employees to work in such unsafe conditions that in 1970 Congress created, and President Nixon signed into law, the Occupational Safety and Health Administration after public outcry
against rising injury and death rates on the job?
(Unpaid interns were previously unable to press charges
against employers in New York, as the city's civil rights code did not recognize them as
employees.)
Employees will also be able to file a complaint with the city's Human Rights Commission, which can levy heavy fines of up to $ 250,000 against employers and demand that companies reinstate employees who were wrongfully te
Employees will also be able to file a complaint with the city's Human Rights Commission, which can levy heavy fines of up to $ 250,000
against employers and demand that companies reinstate
employees who were wrongfully te
employees who were wrongfully terminated.
The package would also impact the private sector, with one bill seeking to codify in law that sexual harassment is an unlawful and discriminatory practice and ensure that
employees of small businesses can bring claims
against their
employers.