Can an Employer use a person’s prior criminal convictions as a bar to employment? The answer to that question requires further thought. In some situations, an Employer can use a person’s prior conviction as a bar to employment. However, in some situations, the Employer is not allowed to. The reason… read more →
Most people know that the Americans with Disabilities Act (the ADA) protects people with disabilities in employment, housing, and several other areas. What many may not know, however, is that the ADA can protect people who are associated with people with disabilities from adverse employment actions. Section 12112 (b)(4) states… read more →
The United States Department of Veteran Appeals (“VA”) provides a broad variety of benefits and services to veterans. Among the benefits that the VA extends to veterans are various types of health care and related services. The local VA office usually determines a veteran’s basic eligibility. If a veteran is… read more →
The Americans with Disabilities Act of 1990 (“ADA”) prohibits discrimination against people with disabilities. It ensures equal opportunity in employment for disabled persons. The statute specifically provides that: No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring,… read more →
When you hear that an employer has “discriminated” against an employee, you are probably asking yourself what constitutes discrimination? There are many types of discrimination. In fact, an employer may have discriminated against you and you didn’t even realize it. The most common types of discrimination fall under three federal… read more →
On March 13, President Obama released a statement regarding updating and modernizing the overtime regulations under the Fair Labor Standards Act (FLSA). The FLSA requires that most workers covered by the act be paid at one and a half times their hourly wage for every hour worked over forty hour… read more →
The Equal Employment Opportunity Commission (EEOC) is a federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints in the workplace based on an individual’s race, color, national origin, sex, age, disability, genetic information and retaliation for reporting or opposing a discriminatory practice. The EEOC… read more →
As a general rule employers are not supposed to reveal medical information about employees unless there is a legitimate business reason to do so. However, with this standard being so general it provides little guidance for real-world workplace transactions. In an attempt to prevent leaks of medical information in the… read more →
When your employment is interrupted it is important to get replacement income as soon as you can. Your mortgage is still due, your car payment still needs to be paid and you and your family still need to eat. Searching for a job to replace your prior income can be… read more →
There are no laws out there requiring private employers to offer their employees retirement plans. In fact, only about half of the workers in this country’s private workforce are employed by companies that have some sort of pension plan. Thankfully there is the old standby: Social Security, the government’s income… read more →