Early Mediation Is Often Unfair To Plaintiffs In Employment Litigation

As in life the only two certainties are death and taxes, in litigation there is one certainty: Mediation. Mediation has virtually replaced trials. Every case is likely to be ordered to undergo one mediation – and sometimes – two mediations. While this process is fair and effective for certain types of litigation and especially is […]

“Miranda Rights” for Employees Before Mandatory Vaccination?

Most of us agree – though none of us like crime or criminals –  Americans should be read their Miranda Rights before being interrogated by the police: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an […]

Don’t Let Your Employer Off the Hook: Understanding Your FMLA Notice Rights

The Family and Medical Leave Act (FMLA) requires employers to provide certain notices to employees when they are taking leave for a qualifying reason under the FMLA. One important notice requirement is that employers must provide notice to employees of their rights and responsibilities under the FMLA, including their right to take leave and the […]

Red Flags: How to Tell If You’ve Been Misclassified as an Independent Contractor

As an employee, it’s important to understand your rights and protections under the Fair Labor Standards Act (FLSA). One potential issue that can arise is misclassification, which occurs when an employer classifies a worker as an independent contractor instead of an employee. There is another type of misclassification that involves treating you as exempt from […]

“When Life Throws You a Curveball: Understanding Unforeseeable Leave and the FMLA”

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. While the FMLA generally requires that leave be “planned” in order to be counted against the employee’s 12-week leave entitlement, there are certain […]

Invoking Your Rights Under the FMLA: A Guide for Employees

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with the right to take unpaid, job-protected leave for specific family and medical reasons. These reasons include the birth or adoption of a child, the care of a family member with a serious health condition, and the employee’s own serious […]

Common Myths About Employment Law and the Truth Behind Them

Common Myths About Employment Law and the Truth Behind Them As an employee, it’s important to understand your rights in the workplace. Employment laws can be complex, and it’s easy to fall for myths about what you’re entitled to as an employee. In this blog post, I’ll dispel some common myths about employment law and […]

Lockstep Religious Accommodation Requests

When an employee is faced with a workplace rule that, in effect, requires him or her to violate a deeply held belief (e.g. religious or spiritual belief), that employee may need to seek a religious-exemption accommodation from his or her employer. In fact, it may be advisable to seek those accommodations in lockstep (i.e. using […]