Family and Medical Leave (FMLA)

Family and Medical Leave (FMLA)

The federal Family and Medical Leave Act of 1993 (FMLA) gives eligible employees an opportunity to take unpaid leave for certain personal medical conditions or to take care of a family member. Eligible employees are those who worked for their employer for at least 12 months and at least 1,250 hours during those 12 months. The company you work for should also have at least 50 employees who work within 75 miles of its location. If these FMLA eligibility requirements are complied with, you are entitled to take up to 12 weeks of unpaid leave during a 12-month period for your own serious medical conditions, or to take care of […]

What Is At-Will Employment?

What Is At-Will Employment?

The concept of “at-will employment” basically means that an employer can fire its employee for any reason or no reason at all without warning. On the other hand, an employee can quit whenever he or she wants to. The doctrine of “at-will employment” or emerged at the end of the 19th century, when government intervened very little in issues related to business and employment relations. It was the time when the free market dictated all employment policies. Later the labor movement and collective bargaining eliminated employment at-will for unionized workers. Employers were supposed to demonstrate a “just cause” before applying disciplinary measures or firing an employee of the organized company. […]

Women’s Wages vs. Men’s Wages in 2015

Women’s Wages vs. Men’s Wages in 2015

According to the U.S. Department of Labor, in 2015 men’s earnings were growing twice as fast as women’s. Does it mean that the gender gap in earnings is widening despite many official measures aimed at fighting the pay inequality at workplace? The question remains: why women still earn less than men? Unfortunately, there is no a simple answer to this question. First, the data is not that straight forward as it can seem. Yes, men’s earnings were growing twice as much as women’s, but only during the first three quarters of 2015. In the fourth quarter of 2014 the growth was equal. In the third quarter of 2014 the difference […]

Sexual Harassment: Can You Be Protected Even If You Don’t Speak Out? – Crawford v. Metropolitan Government of Nashville, 129 S.Ct. 846 (2009)

This U.S. Supreme Court case is about an important question on sexual harassment, namely, can one be protected against retaliation by employer, based on Title VII of the Civil Rights Act of 1964, if she doesn’t speak out about sexual harassment on her own initiative, but as a response to an official inquiry? (Crawford v. Metropolitan Government of Nashville, 129 S.Ct. 846 (2009) The Court’s answer is “yes.” In 2002 Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) investigated rumors of sexual harassment by Metro School District’s employee relations director, Gene Hughes. When during the investigation Vicky Crawford, a 30-year Metro employee, was asked about cases of sexual harassment, […]

Papa John’s to Pay $469,355 in Back Wages and Damages

Papa John’s to Pay $469,355 in Back Wages and Damages

Yesterday, October 15, 2015 New York Attorney General Eric T. Schneiderman and U.S. Department of Labor announced that four Papa John’s Pizza franchisees would have to pay nearly half a million dollars in back wages and damages to more than 250 their workers. These are the conditions of four settlements with three current and one former Papa John’s franchisees, owners of nine restaurants in Queens, The Bronx, and Brooklyn. As a result of investigations and following settlement the four Papa John’s Pizza franchisees admitted that they had committed numerous violations of labor laws, including provisions on minimum wage, overtime, as well as some other basic rights. The violations were committed […]