Employee vs. Independent Contractor: What is the Common Law Test?
Are you an employee or an independent contractor (IC)? The line is often blurry. In some situations, either or both parties are simply unaware of the legal distinctions between these worker categories. In other cases, the misclassification may be purposeful. As an employee, you enjoy numerous advantages over working as an IC, and your employer […]
What Medical Conditions Are Covered Under FMLA?
The federally mandated Family Medical Leave Act allows working employees to take unpaid leave from work, with their job and benefits remaining protected upon their return. Employees who are eligible for FMLA leave may take up to 12 weeks of leave in one year. There are six defined categories that fall under FMLA coverage for […]
Laws Enforced by the EEOC
The Equal Employment Opportunity Commission (“EEOC”) is a federal administrative agency that handles employment discrimination and harassment charges. In general, federal laws prohibiting workplace discrimination are enforced by the EEOC. These federal laws are passed by Congress and subsequently signed by the President. The following is a list of federal laws that the EEOC enforces: […]
What is the EEOC?
The Equal Employment Opportunity Commission (“EEOC”) is a federal administrative agency that handles employment discrimination and harassment charges. The EEOC enforces several federal laws prohibiting discrimination on the basis of a protected trait or characteristic. For example, the EEOC enforces Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate […]
Understanding Overtime Pay Rights
Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for any hours worked exceeding 40 in one workweek. The FLSA is a federal statute that establishes overtime and minimum wage laws affecting employees across the country. The FLSA distinguishes between exempt and non-exempt employees for purposes of overtime pay. A non-exempt […]
What is Equal Employment Opportunity?
Equal Employment Opportunity (EEO) laws make it illegal for employers to discriminate on the basis of certain characteristics. This means individuals are entitled to be free from discrimination on the basis of race, color, religion, national origin and sex. In addition, EEO laws protect against discrimination on the basis of sexual orientation, age, disabilities, marital […]
Can You Be Denied FMLA?
Eligible employees are entitled to 12 weeks of leave for certain family and medical reasons under the Family and Medical Leave Act (“FMLA”). The FMLA is a federal law that provides certain eligible employees with up to 12 weeks of unpaid, job-protected leave per year. The FMLA does not guarantee paid time off. Rather, the […]
How Long Do You Have to File a Complaint with the EEOC?
The amount of time an individual has generally depends on three things: Whether the individual works for a government agency Whether the individual wants to file a complaint with the Equal Employment Opportunity Commission (EEOC) Whether the individual wants to file a civil lawsuit under state and local laws. While 180 days is the general […]
Statute of Limitations on Sexual Harassment Claims
Sexual harassment is a form of gender discrimination that is prohibited under Title VII of the Civil Rights Act of 1964 and state laws. Under federal and state law, it is unlawful to harass an applicant or employee because of that person’s sex. Sexual harassment can take many forms, and may include physical or verbal […]
How to Report Sexual Harassment at Work
Sexual harassment in the workplace is prohibited under Title VII of the Civil Rights Act of 1964. An individual who has been subjected to sexual harassment has numerous options to remedy the harassment. It is important to first speak up to the harasser. Oftentimes, the party responsible for the harassment does not realize his or […]