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Recent Posts in Employment Law Category

  • When Can a Texas Employee Take Leave Under FMLA?

    The Family and Medical Leave Act (FMLA) was enacted by Congress in 1993. This law enables specific workers to have 12 workweeks of unpaid leave each year without fear of getting fired. Local, state, and federal government and public agencies are required to comply with this law. In addition, private employers with at least 50 employees—within a 75-mile radius—for a minimum of 20 workweeks per year ...
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  • Does My Boss Have to Pay Out My Accrued PTO?

    Paid time off (PTO), also known as personal time off, gives employees an opportunity to take days off while still earning their pay. Although most employees save their PTO days for long vacations, there are many who accrued more PTO than they use, resulting in a surplus. If you have accrued a surplus amount of PTO and plan on leaving your job, you might be wondering if your employer must payout ...
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  • What is Workplace Retaliation?

    When employees experience discrimination and/or harassment, they have the right to report such activity either to their employer or to an outside body (i.e. the Equal Employment Opportunity Commission (EEOC). Additionally, they also have legal protections against employer retaliation. Retaliation happens when an employer punishes or otherwise takes a negative action against an employee for ...
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  • Can I Get Fired for Being a Medical Marijuana Patient?

    Since many states have legalized medical and recreational marijuana in recent years, many employees wonder if they are protected from getting fired for consuming cannabis. Although employers have every right to terminate an employee if he/she is under the influence of pot while performing job duties, what about off-duty use? Thirty-three states and Washington D.C. have legalized medical marijuana. ...
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  • Should Salaried Workers Receive Overtime Pay?

    When you work on a salary, it’s understood that your job expectations are to be completed within a certain amount of time, namely, a 40-hour work week. In some cases, employees may need to work overtime hours in order to fulfill their duties, but they should receive additional wages in order to compensate them for their time worked. Even salaried employees are entitled to overtime pay, unless they ...
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  • Potential Restaurant Tipping Pool Violations: Are You Paid Fairly?

    It’s all too easy for employers to take advantage of their employees, especially in a restaurant setting where wages often rely on fluctuating tips and tipping pool systems. Because of these types of wage structures, employees aren’t always aware that they aren’t receiving the compensation they’re owed. The Fair Labor Standards Act (FLSA) aims to protect restaurant workers from wage violations, ...
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  • What Are the Main Reasons for Wrongful Termination?

    Losing a job can be a serious blow, especially if the termination is unexpected or unwarranted. Employers are responsible for respecting the rights of their employees, especially as those rights apply to job termination. Under no circumstances should an individual lose their job because of who they are or what they believe. Beyond that, there are also several other reasons an employer should not ...
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  • Are Your Tips Distributed Fairly?

    Working as a tipped employee has its perks, but dealing with a tip pool can be extremely challenging. Tip pools are not always handled in the most professional manner, either because employers aren’t aware of the proper protocol or they simply chose to ignore the rules in favor of their own system. When tips are gathered together and distributed unfairly, it can result in major issues, including ...
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  • Online Employee Training Lawsuits

    Our attorneys at Shellist Lazarz Slobin LLP help workers throughout the country recover the wages they are entitled to. We know that you work hard for the money you earn, and you deserve to be paid every penny by your employer. Numerous companies across the country that use the Cornerstone training system for online training may owe their employees additional wages. Call us today if you are an ...
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  • Connectivity Source Potentially Owes Employees Additional Wages in Overtime Pay

    Recently, the Sprint-authorized retailer Connectivity Source was suspected of not paying its employees fair overtime pay . Employees for the company who are eligible for commissions-based pay may be owed additional wages for weeks they worked overtime. The company currently has nearly 200 stores throughout the country, and employees from each location could be included in this developing case. ...
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  • When Should You Reject a Severance Package?

    You’re called into a conference room to discuss your impending layoff. As you listen to an HR official or legal counsel read off the terms of your termination, the question inevitably pops into your mind: Should I accept this severance offer, or pursue a lawsuit to recover damages instead? It can be difficult to know what to do after the shock of termination, especially if your employer has ...
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  • Signs of Disability Discrimination in the Workplace

    Under the U.S. Equal Employment Opportunity Commission (EOCC) and the Equality Act 2010, employers are legally prohibited from discriminating against employees or applicants based on their disabilities . In fact, federal law requires that reasonable accommodations be made available to them. Even so, it’s unfortunately common for disabled employees to face harassment and discrimination in the ...
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  • Papa John's Pizza Investigated for Allegedly Not Paying Employees for Training

    Papa John’s Pizza , one of the largest pizza delivery companies in the country, may have allegedly conducted Fair Labor Standards Act (FLSA) violations, according to both former and current employees. Allegations from the pizza-chain employees state they did not receive wages for mandatory online training sessions. The FLSA requires that employees be paid for any job-related training made ...
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  • Protection for Whistleblowers

    Whistleblowers often face a lot of backlash for their actions, especially from the company or organization they report. Even when a whistleblower is taking a stand and doing the right thing, the fact is that they’re stuck in the middle of a controversial issue. Some people see whistleblowers in a poor light, calling their actions disloyal, but the truth is that it takes courage to take action when ...
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  • Common Types of Discrimination in the Workplace

    Employers are required by law to protect employees from any form of discrimination they could face during work hours. Discrimination should never be overlooked, as it has a detrimental and toxic effect on both employees and the general workplace environment. It is your right as an employee to work in an environment free of discrimination . Workplace discrimination can affect: The hiring process ...
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  • Can I Sue My Former Employer for Defamation?

    If a former employer makes false statements about you, you may be eligible to file a defamation lawsuit. Defamation is a personal injury, meaning that you may recover damages for your financial losses and your emotional distress. Furthermore, you may even be awarded punitive damages in order to punish the employer for its wrongdoing. Defamation occurs when an individual makes an intentionally ...
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  • FAQ: Noncompete Agreements

    Depending on your job and its particular responsibilities, your employer may require you to sign a noncompete agreement when you come on board or receive a promotion. This is especially likely if your line of work involves unique intellectual property and specific knowledge of classified business methods, in which case your employer may have you sign an agreement that is intended to keep you from ...
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  • When Does an Employer Need to Hire an Employment Attorney?

    Although you might handle employment matters on your own, some issues that arise can be tricky and might require legal expertise. Lawsuits brought by former employees can result in huge financial losses for your business. This is why it is important to know when you should seek legal advice for employment issues that can impact your business. In this blog, we explain situations where an employer ...
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  • Pregnancy Discrimination – Next Steps

    By law, discrimination based on one’s pregnancy is illegal, just as discrimination based on one’s age, race, gender, religion, or other personal characteristics is illegal. This means you have the right to file a lawsuit if you have suffered pregnancy discrimination. The Pregnancy Discrimination Act of 1978 provides legal protections for pregnant employees. If you have experienced harassment or ...
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  • What to Do About Unpaid Commission and Bonuses

    If you are in a commission-based line of work, you know how important it is that your company awards your commission fairly and in a timely manner. For most commission-based jobs, the base salary is not enough for families and individuals to afford basic necessities. When your employer fails to pay you the commissions and bonuses you’ve earned within a reasonable amount of time (or fails to pay ...
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  • Avoiding Wage and Hour Lawsuits

    The Department of Labor's Wage and Hour Division has been cracking down on labor violations in recent years. In 2016, more than $266 million in back wages were collected on behalf of more than 280,000 workers. As these efforts increase, employees have also become more aware of their workplace rights and the actions they can take against employers who have violated labor laws. This is why it is ...
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  • Shellist Lazarz Slobin LLP Representing Flight Attendant Suing United Airlines

    Shellist Lazarz Slobin LLP attorney Bob Debes is representing a flight attendant whose case made the news recently after being required by her employer to stop wearing medically prescribed clogs. 60-year-old Edie Hall is suing United Airlines, her employer, after they rescinded the permission to wear these medically necessary shoes at least three times during her employment working with the ...
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  • Understanding "At-Will" Employment

    There are many different types of employment, far beyond simply part-time or full-time. One of the most popular types that’s being utilized by more and more business for their employees is the classification known as “at-will.” We’re often approached by prospective clients with questions regarding their rights and abilities to pursue action against their employer when they’ve been designated as an ...
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  • Recognizing Sexual Harassment in the Workplace

    Anyone can be a victim of sexual harassment in the workplace, which is why it is so important to know what sexual harassment may look like, and what you should do if it happens to you. Whether you have been a victim of workplace harassment, you think you may be experiencing harassment, or you have complete confidence that you never will be harassed in your current place of business, it is always ...
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  • What Happens After a Breach of Contract?

    When an employee or customer breaks their contract with you, where do you stand, and what can you do next? Unfortunately, breach of contract isn’t too uncommon. In fact, especially for small businesses, breach of contract can happy rather often. So, if someone does not fulfill the duties he or she agreed to perform, what can you do to protect yourself? First off, let’s explain what a breach of ...
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