Employment Discrimination

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"He hit me!" "You started it!" "He made fun of me!" "She stole my lunch money!" Bullies have always been around and always will be. Not just in the sc ... read more
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Employer Job Discrimination FAQs
Can an employee be terminated under any circumstances if she is pregnant? Can an employee sue my company for discrimination and recover damages because one of my managers got made and yelled at him? Can an employer fire someone because of religious beliefs? Can an employer require an employee to take ... Read more

Employment Discrimination FAQ
What must I prove in an employment discrimination case to win? What's a "protected characteristic?" What kind of work accommodation must an employer make for an employee with a disability? What's necessary for me to prove that I have a disability under the Americans With Disabilities Act (ADA)? How does ... Read more

Genetic Discrimination and GINA
Several federal and state employment laws exist to protect you from discrimination based on disease, disability or addiction. Acts such as the Americans with Disabilities Act (ADA) prohibit discrimination based on disease or disability. It also limits an employer's ability to ask questions related to ... Read more

Is There Room for God in the Office?
In the past, religion was a taboo and inappropriate subject at work. However, there is a shift today. More and more businesses are encouraging spirituality and religion at work. Today, religion has been creeping into the workplace. Consultants are beginning to lead employees using creativity-enhancing ... Read more

Local Hire Laws Good Intentions Illegal Means
What can you do if you're a city official, the national economy is sluggish, and unemployment rates in your city continue to rise, or at least don't go down? You try to help your citizens, of course. Local Hire Laws Faced with unemployment rates up to 15 percent in some areas of the city, a San Francisco ... Read more

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Odin, Feldman & Pittleman, P.C.

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Labor And Employment Questions

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How is it possible?  Well, they have one employee drug tested and not the other. What form of discrimination is this?  There is no information here that provides an answer so it may not be d ...Read more

Mr. Whitener Overtime entitlement is controlled by a federal statute called the Fair Labor Standards Act ("FLSA") whcih essentially requires that overtime compensation be paid after a 40 hour workwee ...Read more

It does not violate anything. The law allows an employer to conduct drug testing, but does not punish the employer if it chooses not to drug test.

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NLRB Revises Joint-Employer Standard as Applied to Staffing Agencies

In a recent decision, the National Labor Relations Board (NLRB) clarified its joint-employer standard, deciding that employers do not need toexercise their authority to control employees' terms and co ... Read more

2nd Circuit Agrees with NLRB; Facebook "like"s are Protected Activity

The 2nd Circuit Court of Appeals agreed with the National Labor Relations Board that Facebook "like"s and comments are protected activity under the National Labor Relations Act.

Black officer in Pocomoke City alleges retaliatory termination

Franklin Savage, a former police officer in Pocomoke City, Maryland, has filed a charge with the Equal Employment Opportunity Commission alleging that he was terminated for complaining about a meeti ... Read more

Records Retention Creep - The New Unfunded Mandate

By Dr. Carol Simpson, Shareholder Eichelbaum Wardell Hansen Powell & Mehl, P.C. With the flurry of excitement of over the new laws that came from the 2015 Legislature, a new document rele ... Read more

What's in a Name: New Independent Contractor Guidance from United States Department of Labor Necessitates Close Look at Such Arrangements

By Jennifer A. Powell, Shareholder Eichelbaum Wardell Hansen Powell & Mehl, P.C. Independent contractor, contract worker, consultant, employee. These are all terms that may be used to d ... Read more

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