Short-term disability, long-term disability, and the Family Medical Leave Act (FMLA) are three types of legal protections for employees who need to take time off from work due to illness, injury, or the need to care for a family member. While these protections may seem similar, they each have unique…
Articles Posted in Workers’ Rights
When the Ship Sinks
When a company files for bankruptcy, the media plasters photos of their “going out of business” signs and empty storefronts to announce that the company could be no more. What is not shown is the complex, often long process of actually filing for bankruptcy. Filing for bankruptcy also comes in…
New Year, New Me: Not Tolerating Discrimination This Year
Happy New Year! During this time of the year, many people set new goals for themselves hoping to improve the status quo. I am a firm believer that your environment affects your goals. For instance, a toxic supervisor or a hostile work environment can affect your professional goals. If you…
New Decision Gives NLRB Real Teeth to Make Employees Fired for Protected Concerted Activity Whole
Summary: This article gives a brief overview of the NRLB’s new Thryv, Inc., decision, and its implications for the landscape of labor and employment law. The National Labor Relations Act is an often-overlooked part of employment law. The National Labor Relations Board (the agency in charge of administering the NLRA)…
Last Minute Shopping? Bring Kindness.
Whether you are last minute shopping or merely intend to do some shopping during the busiest shopping time of the season, we all know that stores become packed. This includes lines of people longer than normal, harried store associates racing to re-stock shelves and answer questions, and customers becoming less…
Gig workers: Employee or independent contractor?
In October, the Biden Administration issued a highly anticipated proposal on how it will approach independent contractor status under federal wage law. The proposal, released by the US Labor Department, clarifies when workers should be classified as independent contractors or be classified as employees who are afforded many more rights,…
Am I Exempt or Non-Exempt from Stacks of Holiday Green?
During the holiday season around my college campus, there was “common knowledge” that one of the biggest benefits of working retail on holidays like Black Friday was that you’d be entitled to time and a half solely because you worked on that day. Cut to becoming an employment lawyer and…
Are Americans working later and later in life, and what does this mean for them?
Summary: This article briefly looks at the trend of the aging workforce—sensationalized or real? It also touches on some of the positive and negative impacts of that potential trend. In the last decade or so, the media has begun talking about the so-called “graying” of the American workforce—the idea that…
State Employers Are Not Immune from USERRA Lawsuits
In 1994, Congress passed the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) which protects military service members and veterans from employment discrimination because of their military service. USERRA requires that employers allow service members to regain their civilian jobs following their military service. Many states like Texas have implemented…
Tuesdays should be the New Monday
The newest shockwave to hit employment customs is the murmurs of a four-day workweek. In fact, Iceland recently declared their experiment with the four-day workweek a success. Belgian workers won the right to a four-day workweek in February, and the United Kingdom has set up a trial run that began…