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Employment Law

Is Preferential Treatment Employment Discrimination?

Jim DeSimone June 7, 2021

Everyone has experienced favoritism or preferential treatment at some point in their lives. Workplaces are not immune to preferential treatment, as many people simply click or find commonalities with others that they give special attention to and provide better opportunities. We all have the freedom to choose our friends and those we associate within our lives. However, there are certain

How to Prove an Age Discrimination Case

Jim DeSimone May 25, 2021

If an employer treats an individual differently regarding job employment due to their age, and especially if someone is wrongfully terminated, it is considered age discrimination and is illegal under both federal and California state law. Unfortunately, age discrimination is a common occurrence as the population and workforce of the United States grow older. However, it is not enough to

Non-Competes: Make Them Work for Your Business

Nancy Giles March 24, 2021

Noncompetes, or restrictive covenants, are useful items to have in one’s business toolbox, but only if a business understands how to use them effectively. Generally speaking, in the context of restrictive covenants, the more restrictive the agreement (and, thus, the more protections being reserved by the employer), the less likely the agreement is to be upheld as enforceable under the

Case Study: Investigating a Sexual Harassment and Discrimination Claim

Kathy Worm March 18, 2021

One of your law firm’s clients is an ‘on-the-verge-of-success’ biotech Company preparing an IPO. The President of the Company calls you in a panic. JANE, a sales representative, claims her boss, DAVID, the star sales manager, has been hitting on her at sales conferences, inviting her on his boat during business hours and not giving her the same opportunities to

What Happens to Your Employee Health Insurance While Receiving Workers’ Compensation Benefits in Boston?

Richard Fitzpatrick March 2, 2021

Many clients ask me what happens to their employee health insurance coverage while they’re receiving workers’ compensation benefits. It’s a great question. Because the answer is complicated, you need to pay close attention to the words written on this page. In some cases health insurance will continue to be provided. However, you need to make sure you understand your coverage.

Workers’ Comp Claims: 7 Essential Facts Every Employee Should Know

Richard Fitzpatrick February 25, 2021

Legal information is complex, and understanding the intricacies of a workers’ compensation claim is no different. I have tried to simplify it in this article, but you’ll need laser-sharp focus to understand the important information that follows. Workers’ compensation laws are designed to cover the expenses of employees who are injured while executing work-related duties. This includes compensation for medical

When Do I Have to Return to Work After a Workers’ Compensation Claim?

Richard Fitzpatrick February 15, 2021

Because no two injuries are exactly alike and every person heals differently, there’s no hard and fast rule about when you should return to work after a workers’ compensation claim. Assessing when an injured person is fit to return to work should always be done on an individual basis. However, this creates a lot of room for unfair manipulation by

The Impact of the New Ohio Employment Law Uniformity Act

Ric Selby February 5, 2021

On January 12, 2021, Gov. Mike DeWine signed into law House Bill 352, the Employment Law Uniformity Act. The law becomes effective April 13, 2021 and makes significant changes to Ohio’s framework for addressing workplace discrimination claims as codified in Ohio Revised Code Chapter 4112. In addition to clarifying a number of issues, the law also contains some significant substantive

3 Ways the CA Supreme Court Could Upend Common Meal and Rest Period Practices in 2021

Laura Reathaford January 25, 2021

PAYING MEAL AND REST PERIOD PREMIUMS AT THE EMPLOYEES’ HOURLY RATE California Labor Code Section 226.7 requires that employers pay employees one additional hour of pay at the employees’ “regular rate of compensation” for the failure to provide compliant meal and rest periods. Employers and the Department of Labor Standards Enforcement have always calculated this “premium” at the employees’ regular

Enhanced Employer Diversity Efforts: Fodder for Reverse Discrimination Claims in 2021?

Tim Giordano January 20, 2021

One way employers responded to George Floyd’s murder was to institute, reaffirm or enhance initiatives to improve diversity, inclusion and equity in the workplace. That’s great news, of course; diversity is good for everyone. But there is business risk requiring purposeful assessment: can D&I efforts constitute “discrimination” against traditionally favored groups, or at least be construed or weaponized as such,

Employment Law

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