29 01, 2019

3 Ways Your Severance Package Could Undermine Your Future Employment

By |2019-01-29T23:29:07+00:00January 29th, 2019|Severance Agreement Review, Uncategorized|0 Comments

Don't sign away your rights Leaving your job? Were you offered a severance agreement? Better hold off before you sign. Not only could you sign away important rights if you’re not too careful, but you could be agreeing to terms that could make your life after this job difficult. Red Flags to Look Out For Terms and clauses to watch out for include: Non-compete agreements. This is a clause in your contract that prevents you from working for a competing employer for a certain period of time—sometimes years. It can also put restrictions on your other choices, such as the location where you work. Very restrictive non-compete clauses may not be enforceable in court, but it’s essential to have a lawyer look over any non-compete wording before you sign. Non-disparagement agreements. Some severance contracts contain a clause that says you are not allowed to say anything “disparaging” about the employer. These are difficult to enforce—and if they aren’t mutual, there’s nothing to prevent the company from disparaging you when a future employer calls to check your references. Ideally, what you want is a neutral reference—where the employer will only confirm when you worked for them and what your title was. You can then cultivate [...]

20 09, 2018

Lactation Room Requirements FAQ: Does Your Employer Measure Up?

By |2018-10-14T22:25:22+00:00September 20th, 2018|Pregnancy Discrimination, Uncategorized|0 Comments

What nursing moms need to know when returning to work If you’re returning to work while breastfeeding, you’re probably somewhat stressed about how you’re going to manage expressing breastmilk during the workday. It’s a problem many women have faced—including my wife after the births of each of our four children. I’ve seen firsthand how knowing what to expect can help ease the transition back into the working world. One of the biggest questions you’re probably worried about: Where are you going to pump? Let’s take a look at what you need to know about lactation rooms before you return to work. What are the laws for breast pumping at work? Federal, state, and local laws may apply to nursing moms. Federal breastfeeding laws The Affordable Care Act (ACA), more often known as Obamacare, amended the Fair Labor Standards Act (FSLA) to state that non-exempt employees must be given a private space other than a bathroom to express breastmilk during the workday. Generally, “non-exempt” refers to people who are qualified to receive overtime. There are two important exclusions that working moms should note: The law only applies to women who are employed by companies or agencies that are bound by the [...]

12 04, 2018

Sexual Harassment In The Workplace

By |2018-04-12T14:04:56+00:00April 12th, 2018|Hostile Work Environment, Sexual Harassment, Uncategorized|0 Comments

What is Sexual Harassment? Sexual harassment involves unwelcome offensive sexual advances, communication, or conduct in the workplace. Sexual harassment violates the law. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. There are two types of situations where sexual harassment in the workplace becomes actionable – when it creates a hostile work environment and when a “quid pro quo” arrangement arises due to the sexual advances of a supervisor or other person in a position of power over the employee. What is hostile work environment sexual harassment? Hostile work environment sexual harassment involves speech or conduct that is severe enough to result in an intimidating or demeaning workplace, in turn affecting an employee’s job in a negative way. Hostile work environment sexual harassment can result from communication or conduct on the part of a supervisor, co-worker, subordinate, or non-employee (such as a customer or client). A victim of sexual harassment can be the employee to whom the conduct or communication is directed or another person who is impacted by the offensive communication or conduct. For example, inappropriate and unwelcome touching, as well [...]

7 12, 2017

Independent Contractor or Employee? How the ‘Gig Economy’ May Strip Workers of Legal Protection

By |2017-12-07T23:49:15+00:00December 7th, 2017|Uncategorized|0 Comments

Don’t let misclassification prevent you from exercising your rights You’re part of the “gig economy”—working on a freelance or contract basis like the more than 23 million other Americans. If you’re an independent contractor by choice, you probably enjoy the increased flexibility and independence that your work situation allows. However, if you’re a contractor because a company you work for won’t hire you as a full-time employee, you probably have a lot of questions. You may wonder if you’re being cheated out of the benefits and legal protections that come with being classified as an employee. Shouldn’t you find out? Remember, companies look after their own interests and you should do the same. Let’s discuss what you need to know about classification. Why Misclassification Works for Companies It’s extremely beneficial, financially and practically, for companies to classify workers as independent contractors rather than employees. Why is that? Independent contractors cost less. If you’re a freelancer, temp, or other non-employee, employers don’t have to worry about employer-sponsored health care, overtime compensation, paid time off, family and medical leave, participation in retirement plans, and unemployment compensation. That’s why some workers find themselves denied employee status, while performing generally the same duties and [...]

10 03, 2017

What to Do if You’ve Been Sexually Harassed at Work

By |2017-07-29T08:41:58+00:00March 10th, 2017|Uncategorized|0 Comments

What steps to take if your company blows off your complaint Being sexually harassed on the job can be an emotional roller coaster. Victims may experience feelings of embarrassment, emotional upset, or even fear as they try to carry on with their work while fending off inappropriate behavior. When you’re under such extreme stress, it may be difficult to know how to deal with the situation in a calm and professional way. Let’s discuss what you should do if someone harasses you at work. Most-Common Types of Harassment While sexual harassment can take many forms, most cases tend to fall into two categories: severe and pervasive (often referred to as “hostile work environment” harassment) or quid pro quo. Severe and pervasive harassment is generally harassment that goes on for a long time and that leads to a hostile work environment. This may include situations in which a coworker, supervisor or customer repeatedly: Comments on your figure Tries to draw you into conversations about sexual situations or attempts to get you to view suggestive images Makes sexual advances Discusses the opposite sex in a lewd or negative way Quid pro quo harassment usually involves someone, often a supervisor, insisting that you [...]

27 01, 2017

Can You be Fired for Backing a Coworkers’ Discrimination or Harassment Claim?

By |2017-07-29T08:41:58+00:00January 27th, 2017|Uncategorized, Wrongful Termination & Retaliation|0 Comments

What all employees need to know about retaliation Many people are afraid to complain about potentially unlawful treatment for fear of losing their jobs. That same impulse may also keep people from speaking up on behalf of their coworkers. Under federal law, it’s generally unlawful for a company to retaliate against employees who oppose illegal activity. However, that’s not always enough to deter supervisors from trying to “get back” at employees who draw attention to problems. Let’s take a look at what all workers should know about unlawful retaliation. What is Retaliation? In simple terms, employers are generally prohibited from punishing job applicants or employees for asserting their rights under federal equal opportunity laws. According to the Equal Employment Opportunity Commission (EEOC), employees are generally protected from retaliation after: filing or participating in a discrimination charge, complaint, investigation, or lawsuit communicating with a supervisor or manager about employment discrimination, including harassment answering questions during an investigation of alleged harassment refusing to follow orders that would result in discrimination resisting sexual advances, or intervening to protect others requesting accommodation of a disability or for a religious practice asking managers or co-workers about salary information to uncover potentially discriminatory wages. Different Forms [...]