Examining the Latest Legal Developments and their Impact

Tag: Employment Law

Maternity Leave Laws in California

The Maternity Leave Laws in California

If you live in California and you are about to become a parent, it’s probably a good idea to get more information about the laws regarding maternity leave in this specific state. California has some of the BEST family leave laws in the country, but knowing your rights and responsibilities will help make your leave go smoothly without a hitch.  One of those laws called the PFL or Paid Family Leave went into effect in 2004.  Essentially this is a law that is an extension of the State Disability Insurance program.  If you are about to be a mom, you could not be living in a better state.  Here are a few things you want to or should know about PFL as well as a few other things outside of PFL that you should take note on.

How to Report an Employment Law Violation

Report an Employment Law ViolationWhen most people hear the term “labor law violations” they think of those big companies like Google and Activision.  But, in all honesty, any place where there are employees and employers, labor law violations can and do happen.  In fact people file thousands of these charges every single year and they are for everything from larger corporations to medium sized businesses to family owned mom and pop stores.  These charges are called ULP or Unfair Labor Practices.  Not only can a ULP be filed against a business or a specific person, such as your boss, but they can also be filed against anyone in a Union that you might be a member of for things like violence, intimidation, coercion and more.  If you have ever been involved in an Unfair Labor Practice or you have dealt with any other unlawful situations, you might be wondering who you are supposed to contact for help.  Thankfully we have created a small list below for everything from ULP to Fraud, to Child Labor Laws and more.

Employment Attorney

What to Ask an Employment Attorney

If you have a workplace related legal issue such as workplace bullying, discrimination, harassment of any type of unfair or unlawful termination, it might be time to meet up with an Employment attorney in New Jersey. This is of course, a worst case scenario.  One of the first things you should do is try to talk to the person in charge or to human resources to see what can be done – if anything.  If all else fails, then the next logical step would be to speak to a lawyer.  When it comes to meeting with a lawyer, make sure that you make the process as easy and smooth as you can.  Be sure to prepare a list of a few questions that you want to ask the lawyer.  Asking questions is a great way to see if you and the lawyer are a good match and if they can handle the situation at hand properly.  Here are a few of the questions you should be asking your Employment attorney if you are serious about the situation and need help.

Types of Unions

Types of UnionsIn the United States, we have many different labor unions. While there are categories like Private, Public and Craft Unions, there are also smaller groups as well such as Manufacturing Unions, Building Trades, Transportation Unions and Service Industry Unions. If you are interested in the labor movement or you already work at a job where Unions are not available, but you want a new position that does offer unions, it might be important to get to know what the different unions are, who they are for and essentially how they can help benefit you, not only as an employee, but a citizen overall.

Workplace Pregnancy Harassment

Pregnancy HarassmentIn a perfect world you could get pregnant and you could still keep your job without your boss or other people harassing you.  In a perfect world, people wouldn’t act disgraceful and wouldn’t make you stressed out during an emotion time in your life.  Unfortunately, this is not a perfect world and sometimes you run into jerks that think they are above the law or they think they can do whatever they want because they are the “boss”.  If there are laws to protect same sex couples, laws to protect people with disabilities and laws to protect people from being discriminated against because of creed or race you better be darn sure there are also laws against pregnancy harassment!  If you are pregnant and you feel that you are being harassed, take a look at the steps below under the employment law to see if you qualify for pregnancy harassment and what you can do.

Gay Marriage and The Workplace

Gay Marriage and The WorkplaceGay Marriage is one of those things that has become really wide spread over the US in the past few years.  You are either one of those states that allows gay marriage or you are not.  States are always popping up on the news as far as same sex marriages go in 2015 won’t be any different.  In fact, at the start of 2015 on January 6th, Florida had become the 36th state to legalize same sex marriage.  WOW.  36 states?  Imagine that!  This is definitely not something you would have seen 5, 10 or 15 years ago.  But, with change comes both good and bad.  Just because same sex marriage is legal in 30 some states, doesn’t mean that everyone is “okay” with it or will make your work life easier because of it.  In fact, in some states, you may see a major up strike in people getting harassed at work because they are gay and or because they are involved in a same sex marriage.  There are things you should be aware of when it comes to Same Sex laws and Discrimination in the workplace especially when it comes to same sex marriages.  Be sure to continue reading below for employment law rules on FMLA, pensions, benefits, marital status discrimination and more.  If you have read this article and think that your employer has discriminated against you, you may want to contact an employment attorney in NJ for a consultation.

Workplace Discrimination and Employment Law

Getting a new job is an exciting and somewhat nervous situation to go through. We’ve all seen those packets of forms you have to fill out after you get the job, including an EEO. These EEO forms or Equal Employment Opportunity really help protect you, as well as the employer from discrimination. Of course there are different types of discrimination, but the law states that no matter your race, sex, creed or origin you have an equal opportunity for employment just as much as someone outside of the 4 protected classes. There are also other protected classes though such as age discrimination, disability discrimination, genetic discrimination, and even sexuality – though sexuality is not exactly a law per se, since it has not been signed by congress. Yet. To find out more about these types of discrimination, keep reading and find out if you are being discriminated against and how to file a complaint.

Employment Law for Independent Contractors

Independent contractors are on the rise in the United States. With growing healthcare costs and a lagging economy, companies are doing more and more of their hiring on a contract basis. Independent contractors are in business for themselves. They are self employed, meaning they do not work directly for companies and have not been hired as actual employees. There are advantages and disadvantages to being an independent contractor. The advantages include the ability to decide your own hours, to choose when and for whom you want to work, and to negotiate your own terms and rate of pay. Drawbacks include the requirement of paying your own taxes as well as purchasing your own health insurance. The employment laws that pertain to independent contractors are not as comprehensive as those that pertain to the employer-employee relationship, in part because of the very nature of being an independent contractor. People who work for themselves often do so because they choose to work on their own terms.

Working From Home Work

Employment Law for Freelancers

More people than ever are joining the ranks of those who have cast off the shackles of the ‘workaday world’ (as your grandfather used to call it), deciding instead to become freelancers. But what does it mean when you hear someone say they ‘freelance’? And is an independent contractor or a consultant the same as a freelancer? The short answer? No one knows. Well, of course, employment lawyers know the difference, but if you try typing the question into a search engine, you’re likely to get a thousand different answers from a thousand different people (and not to mention bickering from here ’til the end of cyberspace). Most would agree, however, that the terms ‘freelancer,’ ‘independent contractor,’ and ‘consultant’ are oft used interchangeably … with one major difference, and that difference comes in the word ‘contract.’ Oftentimes, freelancers will work under contract … and oftentimes they won’t. Independent contractors, however, are called such because they work under contract. True, most who consider themselves to be freelancers tend to work in artistic pursuits. However, artists can also be independent contractors simply because they can work under contracts. But what about the employment laws that pertain to freelancers? Are they that much different from the employment laws regarding employees?

What Is the Americans with Disabilities Act?

The disability rights movement has gained significant support in the United States since its inception in the 1960s. When the Civil Rights Act was signed into law by President Lyndon Johnson in 1964, Americans who lived every day with the difficulties caused by disabilities began advocating for their rights and opportunities. Since then, advocates have worked tirelessly for people with disabilities, demanding equal rights and opportunities where they typically have been excluded simply because they are disabled. In response to this growing movement’s fight, in part, for equal opportunity in the workplace, the Americans with Disabilities Act of 1990 (ADA) was signed into U.S. employment law by President George H. W. Bush. Penned by Democrat Senator Tom Harkin of Iowa, the bill prohibits, under certain circumstances, discrimination of any employee or potential employee based on disability. The law prohibits such discrimination, not just in the workplace, but in other areas as well, including public accommodations, commercial facilities, transportation, and telecommunications.