Employment Law

Sexual Harassment At Workplace.

Case Study: Investigating a Sexual Harassment and Discrimination Claim

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

Read More »
employee health insurance

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

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.

Read More »

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

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

Read More »
return to work

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

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

Read More »
Employment Law Uniformity Act

The Impact of the New Ohio Employment Law Uniformity Act

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

Read More »
Common Meal and Rest Period Practices in 2021

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

Read More »
reverse discrimination claims

Enhanced Employer Diversity Efforts: Fodder for Reverse Discrimination Claims in 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,

Read More »
Age Discrimination Protection in Employment Benefits Everyone

Age Discrimination Protection in Employment Benefits Everyone

Age discrimination in employment is unlawful, yet it persists. As the American workforce ages, mistreatment of workers over the age of 40 occurs with alarming frequency in hiring, on job sites, in inequity of opportunity, and in terminations. Thankfully, there are steps that workers who have been discriminated against can take to minimize any negative consequences they are experiencing related

Read More »
overtime pay exemption rules

Dissecting Overtime Pay Exemption Rules

Perhaps one of the most confusing and complex areas of employment law deals with the payment of overtime. Most attorneys and even lay people understand that an employer is required to pay an employee overtime compensation at a rate of 1½ times the employee’s regular hourly rate for all hours worked over 40 in a given work week. However, the

Read More »
What are EEO Questions & Why Do We Have Them

What are EEO Questions & Why Do We Have Them?

The Equal Employment Opportunity Commission (EEOC) is a federal agency established by Title VII of the Civil Rights Act 1964. The EEOC’s purpose is to clarify and enforce federal discrimination laws that prohibit employers from discriminating against individuals based on their age, race, gender, national origin, disability, and religion. It is illegal for an employer to consider any of these

Read More »
Sexual Harassment At Workplace.

Case Study: Investigating a Sexual Harassment and Discrimination Claim

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

Read More »
employee health insurance

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

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.

Read More »

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

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

Read More »
return to work

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

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

Read More »
Employment Law Uniformity Act

The Impact of the New Ohio Employment Law Uniformity Act

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

Read More »
Common Meal and Rest Period Practices in 2021

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

Read More »
reverse discrimination claims

Enhanced Employer Diversity Efforts: Fodder for Reverse Discrimination Claims in 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,

Read More »
Age Discrimination Protection in Employment Benefits Everyone

Age Discrimination Protection in Employment Benefits Everyone

Age discrimination in employment is unlawful, yet it persists. As the American workforce ages, mistreatment of workers over the age of 40 occurs with alarming frequency in hiring, on job sites, in inequity of opportunity, and in terminations. Thankfully, there are steps that workers who have been discriminated against can take to minimize any negative consequences they are experiencing related

Read More »
overtime pay exemption rules

Dissecting Overtime Pay Exemption Rules

Perhaps one of the most confusing and complex areas of employment law deals with the payment of overtime. Most attorneys and even lay people understand that an employer is required to pay an employee overtime compensation at a rate of 1½ times the employee’s regular hourly rate for all hours worked over 40 in a given work week. However, the

Read More »
What are EEO Questions & Why Do We Have Them

What are EEO Questions & Why Do We Have Them?

The Equal Employment Opportunity Commission (EEOC) is a federal agency established by Title VII of the Civil Rights Act 1964. The EEOC’s purpose is to clarify and enforce federal discrimination laws that prohibit employers from discriminating against individuals based on their age, race, gender, national origin, disability, and religion. It is illegal for an employer to consider any of these

Read More »

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