The Fair Labor Standards Act (“FLSA”) is the federal law that requires employers to pay non-exempt employees minimum wage and overtime at time and a half the regular rate. Today, our wage and hour lawyers are going to focus the antiretaliation provision of the FLSA...
Today, our wage and hour lawyers review the recent case of Ocampo v. Brown & Appel, LLC, No. 21-2579-CV, 2022 WL 17684587, at *1 (2d Cir. Dec. 15, 2022), which is an unusual case out of the United States Court of Appeals for the Second Circuit. What makes this...
There are a lot of factors that you should consider when selecting an employee’s rights attorney to represent you in your employment discrimination, wrongful termination, or sexual harassment claims against your employer. Our employment law attorneys have discussed...
In the recently decided case, Dominick v. Mayorkas, 52 F.4th 992 (5th Cir. 2022), Gail Dominick sued her former employer, Federal Emergency Management Agency (FEMA) for race discrimination and wrongful termination under Title VII of the Civil Rights Act of 1964. She...
What does pro se mean? Pro se is a Latin term that means "in one's own behalf,” and when used in the legal sense, it refers to when a party to litigation represents him or herself without the assistance of an attorney. Am I allowed to represent myself in federal...
What was the case about? On November 17, 2022, attorneys Brian Spitz and Patricia Brandt waited outside the Courthouse with their client John Spring as the jury deliberated. They had spent the last four days in trial presenting John’s disability discrimination claim....
It happens all the time in employment law cases. An employee meets with an attorney to go over the facts of the case. The attorney listens and responds that the facts make great claim. After the lawsuit is filed and some documents are exchanged, the employer’s...
It is important to get an attorney to help you with your employment claims, be it for race or religious discrimination, sexual harassment, or especially an overtime pay violation. But not just any attorney or law firm will do. Bad things happen when you hire the wrong...
John Ford said that “revenge proves its own executioner.” That is especially true in employment law where employers often find themselves in a much worse situation because they chose to get back at employee for reporting discrimination to human resources or complained...
Mostly commonly, people understand that the Fair Labor Standards Act (“FLSA”) protects employees from wage theft by employer who fail to either pay employees minimum wage or properly pay non-exempt employees time and a half for overtime hours worked in a given...
“My employee just sued me!” If you are reading this, you are probably the owner, CEO, manager or boss at a company and just had the person that gathers the mail or faxes run into your office with a notice of claims that one of your employees is suing or threatening to...
No one wakes up in the morning hoping to get wrongfully fired and need to hire an attorney. However, if you are searching “what should I do if I was fired from my job today,” the answer is to find the most experienced and best employment lawyers that you can find....
In the past, our employment attorneys have addressed the issue of damages and how we calculate them arising out of wrongful termination and other forms of employment discrimination. (Best Law Read: What Kind of Damages Can You Get for Wrongful Termination and...
Labor and employment law is a broad, and complicated beast. It encompasses a myriad of claims including Workers’ Compensation retaliation and interference, discrimination, retaliation, FMLA violations, and wage and hour violations. One thing all of these claims have...
What is a tip pool? Best Wage and Hour Lawyer Answer: An employer creates a “tip pool” when they combine some or all of the tips given by customers to tipped-wage employees like servers or bartenders, and then redistribute this money by some set percentage to those...
The short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...