The president has requested that the Department of Labor issue new regulations on overtime, which will cost employers. Shockingly, that is the point. The dirty little secret of employment in the U.S. for the last 40 years is that employers have been given a...
Month: September 2015
The eye of the beholder
by Kessler Matura P.C. | Sep 23, 2015 | Employee Rights
One would hardly characterize the United States as "employee friendly." In spite to decades of worker protection laws being enacted, dating from the child labor laws of the early part of last century to the Americans With Disabilities Act (ADA) in the 1990s, it...
The importance of evidence in employment discrimination cases (pt.2)
by Kessler Matura P.C. | Sep 21, 2015 | Workplace Discrimination
In our last post, we were discussing a woman who had been fired, according to her employer, for mistakes she made on the job. She claimed that reason was a pretext because she had taken Family and Medical Leave Act (FMLA) leave on multiple occasions, including...
The importance of evidence in employment discrimination cases
by Kessler Matura P.C. | Sep 18, 2015 | Workplace Discrimination
Lawsuits are unlike many aspects of most people's lives, unless they happen to be attorneys. While you may file a lawsuit on virtually any topic, you are unlikely to be successful if you cannot support your claims with valid evidence.This requirement for evidence can...
Better late than never
by Kessler Matura P.C. | Sep 15, 2015 | Wage And Hour Claims
Marketing. That is what a lot of the discussion concerning the minimum wage really is. This week, New York Governor Cuomo has come out in support of a $15 per hour minimum wage. This has come after years of campaigning by unions and other groups who argue that...
Does anyone remember why is it called Labor Day?
by Kessler Matura P.C. | Sep 10, 2015 | Employee Rights
Holidays in the U.S. tend to become commercial excuses for sales and holiday parties. The big three during the summer, Memorial Day, the Fourth of July and Labor Day have become three-day weekends used as an excuse to grill burgers and drink. Labor Day stands...
Retaliation claims increasing (pt.2)
by Kessler Matura P.C. | Sep 8, 2015 | Workplace Discrimination
Retaliation may occur more frequently when managers are poorly suited for their roles as manager. Management requires a deep understanding of human behavior, as opposed to merely being a subject matter expert for the group they manage. Certain personalities have...
Am I entitled to overtime pay?
by Kessler Matura P.C. | Sep 7, 2015 | Wage And Hour Claims
If you have been asked or allowed to work more than 40 hours in a week, then you may have been entitled to overtime pay.Under the Fair Labor Standards Act (FLSA), qualifying workers must receive overtime pay of at least one and one-half times their regular rates of...
Retaliation claims increasing (pt.1)
by Kessler Matura P.C. | Sep 4, 2015 | Workplace Discrimination
Discrimination in employment may take many forms, but some types of behavior occur more frequently. A recent report by the EEOC finds that retaliation is the most often alleged type of discrimination. It found that the number of allegations of retaliation had...
More than just facts
by Kessler Matura P.C. | Sep 1, 2015 | Employee Rights
Employment law cases involving discrimination, harassment, retaliation or hostile work environment are always complex. Because there are at least two parts to any case. There are what are typically described as "the facts."The facts are the laundry list of everything...
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