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Many Federal and State Employment Laws are designed to protect employees from a vast number of unfair labor practices. For instance, employers must not fire their employees for illegal purposes. And they must comply with the “Fair Labor Standards Act” that delineates how long employees can work, and under what conditions.

These Laws Mandate Employers to deal fairly with their Employees and their Families. For example, the Family and Medical Leave Act requires employers to grant their employees sufficient time off to welcome a new baby, or deal with a medical emergency.

The main reason for such protective laws is to make sure we all have a safe working environment to perform our duties and earn a fair wage, so we can care for ourselves and our families.

While, employers’ violations may affect one human being at a time, their cumulative consequences affect all of us in our communities, country and indeed our world.

If you’ve been wrongfully terminated, mistreated or discriminated against by your employer, whether a mega corporation, small company or a governmental bureaucracy, you may have a viable case for full and fair compensation.

Please note that Employment and Labor Laws are very complex and most employers have their own in-house power-lawyers, who are ready to defend, delay and deny your claims. This is why you need your own Capable, Credible and Compassionate Team of Chosen Employment Lawyers to guide you through the complex laws, and help you know your rights, right away. That is because if you snooze on your rights, you may lose them.

Your Chosen Lawyers are ready to thoroughly evaluate your case FREE. Should you decide to hire a Chosen Lawyer, in most cases they will take your case on contingency basis, which means: If you don’t win, they don’t get paid. So go ahead call 1.888.365-0-365 or click HERE now. Please remember, the Statue of Limitation is ticking. That is why, “When it comes to Legal Matters, Time Matters.”

Despite the United States’ numerous Federal, States, Municipal Laws and regulations, many employers unlawfully shortchange their employees of their hard earned dollars. According to Federal and States research, wage theft has become more prevalent now than ever. Here is a partial list of the ways that some dishonest employers steal from their workers:

• Employers refuse to pay overtime;
• Employers force employees to turn over their tips;
• Employers cheat employees by underreporting their hours;
• Employers press employees to work through their lawful breaks;
• Employers do not reimburse employees for employment-related expenses;
• Employers refuse to pay the mandated minimum wage, and so on.

WAGE THEFT SOLUTION

The first step in resolving the pandemic problem of Wage Theft is to file a complaint with the United States Department of Labor (USDL). Upon submitting the complaint, which must describe the type of wage theft in detail, the Wage and Hour Division will start its own investigation. If the agency finds that the employer is liable, they will start an administrative process. This process could force the employer to voluntarily pay back the illegally withheld funds. Should the employer refuse to pay, the Wage and Hour Division may file a Wage Theft Lawsuit against the employer.

Unfortunately, many employees live with the theft of their hard earned dollar rather than fight back. That is because they are afraid of the complex and intimidating justice system—and possible retaliation measures that employers may take.

This is why the Fair Labor Standards Act (FLSA) was created. This law clearly prohibits employers from retaliation against employees who fight back against Wage Theft.

Despite the protection of FLSA, dealing with Wage Theft Cases are nerve wracking because of the complexities of laws. Your Chosen Lawyers are ready to thoroughly evaluate your case FREE. Should you decide to hire a Chosen Lawyer, in most cases they will take your case on contingency basis, which means: If you don’t win, they don’t get paid. So go ahead call 1.888.365-0-365 or click HERE now. Please remember, the Statue of Limitation is ticking… “When it comes to Legal Matters, Time Matters.

Wrongful Termination, also known as Wrongful Dismissal or Wrongful Discharge, describes a situation where an employee has been fired, illegally.

It is important to know that not all firings are wrongful. For instance, if you are an “AT WIIL” employee it may not be wrongful for your employer to fire you, even if you were an exemplar of hard work.

On the other hand, even “at-will” employees have certain protections, which makes it illegal to terminate them. For instance, an employer does not have the right to fire any type of employee based on race, color, gender, pregnancy, age, disability, religion, or national origin.

An employee who has been terminated based on such discriminatory reasons has the right to file a claim with the Equal Employment Opportunity Commission (EEOC). If the EEOC finds merit in the claim after their own investigation, then the claimant may file a civil lawsuit to recover damages.

Here are some of the grounds upon which a wrongfully dismissed employee may be able to see justice:

1. CONTRACT (ORAL OR WRITTEN)

If the terminated employee has an enforceable employment contract, oral or written, which promises job security for life or a set period of time, he or she can make a strong argument that there was a contractual obligation. Thus she or he was not an “AT WILL” employee. Hence the termination was wrongful because it materially breached employer’s contractual obligations.

Please remember that while a written contract is the easiest way to show a breach, not all employment agreements need to be in writing. For instance, a contract could come to existence by implication. An implied employment contract is an agreement based on what an employer said and/or did, which shows an enforceable oral contract was formed.

BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING

Employers have a duty to be fair and act in good faith with their employees. Breach of the “Duty of Good Faith and Fair Dealing” can be proven if:

• Employer terminated or transferred an employee to avoid paying their earned sales commissions
• Employer deceived the employee about his/her chances for promotions and wage increases
• Employer deceived the employee about his/her chances for promotions and wage increases
• Employer falsely described or volitionally refused to explain job requirements, such as: Traveling long distances or dealing with dangerous conditions
• Employer maliciously placed its employees under unreasonable and unjustifiable burdens so they have no choice but to quit without demanding a severance pay or other benefits that they would be entitled to, and so on.

The simplest definition of wrongful termination in violation of public policy is that employers cannot terminate an employee, even an “AT WILL” employee, if their termination would violate a “public policy” protected by Statute or Constitutional Provision. For instance, California Laws prohibit employers from firing an employee because of his/her race, gender, disability, or sexual orientation. A victim of such illegal termination has the right to sue the employer for wrongful termination in violation of public policy.

Employee Terminations may also be wrongful if it violates any of the following Protected Activities:

1. If an employee termination violates a Constitutional Provision or a Statute;

2. If an employee has been terminated because he or she has exercised a constitutional or statutory right or privilege;

3. If an employee has been terminated because she or he has refused to comply with a wrongful command;

4. If an employee has been terminated because she or he has blown the so-called whistle i.e. reported an unlawful act;

5. Termination of an employee for disclosing employer’s practice of refusing to pay employees their earned commissions and accrued vacation pay;

6. If an employee is fired because he/she took time off work to serve on a jury;

7. If an employee is fired because he/she took time off work to serve on a jury;

8. If an employee is fired because he/she is serving in the military or National Guard;

Please note: Most courts require that there be some specific law outlining the Public Policy, prior to allowing a wrongful termination claim based on a violation of public policy.

Some courts have also held that employers cannot fire their employees because they took advantage of a legal remedy or exercised a legal right—such as filing a Worker’s Compensation Claim or reporting a Violation of the Occupational Safety and Health Act (OSHA).

Employers are not allowed to fire their employees, even an “At Will” employee for discriminatory reasons such as: race, color, national origin, gender, religion, age, disability, pregnancy, and so on.

Employers are not allowed to fire their employees, even an “At Will” employee for discriminatory reasons such as: race, color, national origin, gender, religion, age, disability, pregnancy, and so on.

Most often, Discrimination affects minorities, women or other members of protected class.

DISCRIMINATION OVERVIEW

Employment Discrimination, generally, occurs when an employee or job applicant is treated unfairly because of race, gender, nationality, religion, age, sexual orientation, disability, or pregnancy and so on. Here is a list of the ways that discrimination may occur:

• Refusal to hire;
• Discipline;
• Termination;
• Denial of training;
• Failure to promote;
• Less pay or demotion; or
• Harassment

LESBIAN, GAY, DISCRIMINATION BISEXUAL & TRANSGENDER (LGBT)

Over decades of struggle gays and lesbians have gained certain rights; for instance, marriage equality, in some states. However, LGBT individuals are generally not considered a protected class. This means that in States, which do not have Statutory Protections, brazen discrimination against LGBT job seekers and employees is legal.

Moreover, the federal Employment Non-Discrimination Act of 2009. which would have banned discrimination on the basis of sexual orientation and gender identity, has not been approved by the Congress.

Currently, about 20 states including New Jersey, New York, California and Illinois protect LGBT against discrimination in the workplace.

RACE DISCRIMINATION

Racial discrimination has been a dark and lingering saga in the history of the world and the United States. Despite centuries of incremental progress still there are many employers, who practice racial discrimination.

Luckily, Federal and State Governments have many laws against racial discriminations. And employers who practice racial discrimination could face huge liability if any of their employees decide to sue.

HERE ARE SOME OF THE RACIAL DISCRIMINATION LAWS

In addition to many Federal and State Laws prohibiting racial discrimination, some municipalities have also introduced their own civil rights laws. Here are the most important federal laws relating to racial discrimination:

• The Civil Rights Act of 1964 – Prohibits racial discrimination in employment;
• The Equal Credit Opportunity Act – Prohibits creditors from racial discrimination against credit applicants;
• U.S. Code Title 42, Chapter 21 – Prohibits racial discrimination in education, employment, access to businesses and buildings, federal services, and more;
• The Fair Housing Act – Prohibits racial discrimination in the sale, rental, and financing of housing;
• The Voting Rights Act of 1965 – Prohibits racial discrimination in voting practices;
• The Disaster Relief and Emergency Assistance Act – Prohibits racial discrimination in relief operations.

The federal government prohibits discrimination based on religion in the work place; as long as an employee’s religious practices do not interfere with his or her occupational duties and performance.

In other words, an employer cannot base its hiring, firing, promotion, or compensation decisions on religion.

Sexual harassment is a form of discrimination under Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission (EEOC), which is a federal government agency was created by the Civil Rights Act of 1964 (Title VII). EEOC defines Sexual Harassment as “Unwelcome Sexual Advances” or similar actions that create an intimidating or hostile workplace. For instance, depending on attendant circumstances, telling a worker how “sexy” he or she looks or telling sexually explicit jokes may be grounds for Sexual Harassment liability.

If someone requests sexual favors from an employee in exchange for promotion or job security; it is considered “Quid Pro Quo” Sexual Harassment.

According to Federal and State Laws harassing an applicant or an employee or sexual advances, requests for sexual favors, whether oral or physical are unlawful. This means that the culprit can be held liable criminally and financially.

Harassment does not have to be about sex. It can include offensive remarks about a person’s sex. For example, it is unlawful to pester a woman by making rude and stereotypical comments about women in general. Please note that the harasser can be either a woman or a man, or even the same sex. And the harasser can be the victim’s boss, supervisor, co-worker, or even supplier, client or customer.

It is also important to know that the law does not forbid workplace jokes or innocent teasing, offhand comments, or isolated incidents that are not very serious. The law only forbids harassment, when it is so severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

Unfortunately, Sexual Harassment is the most common form of workplace problem that people face. Chosen Lawyers are here to help you know and defend your rights. So, if someone tells you, “you have a nice butt,” Click HERE and let Chosen Lawyers kick theirs.

The First Amendment to the United States’ Constitution provides two religious freedoms:

1. The right to be free from government-imposed religion, also known as Establishment Clause;

2. The right to practice any religion, also known as Free Exercise Clause.

It is important to know that these rights initially were promulgated to protect the people from Federal Government and did not apply to States or Private Employers. However, today, incorporation clause of the 14th Amendment and other Statutes apply these rights to State Governments and Private Entities & Employers.

The statute that most commonly protects the rights of workers from discrimination on account of their religion is Title VII of the Civil Rights Act of 1964. Title VII prohibits private employers from discrimination on the basis of race, color, sex, or national origin in addition to religion.

DUTY TO ACCOMMODATE AN EMPLOYEE’S RELIGION

An Employer has a duty to provide their Employees with reasonable accommodations to practice their religious belief. In other words, employers do not have to take unduly burdensome actions for employee’s religious accommodation. For instance, changing an employee’s work shift to observe a religious holiday would likely be construed as reasonable, but afford an employee a month off of work each year, due to religious rituals, may be unduly burdensome.

It is illegal for Employers to retaliate against an Employee who has engaged in certain legally protected activities. In order to file a claim under this provision, the Employee must show that he or she lost a job or sustained other damages due to employer’s retaliation. The Employee must prove the following:

• The Employee engaged in a Legally Protected Activity—such as filing a complaint with the Equal Employment Opportunity Commission and so on;
• The Employee must show that her/his protected activity prompted the Employer to fire him or her—for example, the employee is fired or demoted because she or he has filed a formal sexual harassment charge;
• The Employer fired, demoted or denied the Employee a due promotion, or gave a negative performance review without proper reasons.

In some cases, an employer’s actions when firing an employee are so outrageous and deceitful that could be construed as fraud. Fraud is commonly found in the recruiting process (where promises are made and broken) or in the final stages of employment (such as when an employee is induced to resign).

In order for an employee to file a claim of fraud against the employer, he or she must show the following requirements:

• The Employer or agent made a false representation;
• The Employer or agent knew that the representation was false;
• The Employer intended to deceive the employee or tried to induce the employee to rely on the representation;
• The Employee actually relied on the representation;
• The Employee sustained damages in some way by such reliance on the representation.

Defamation is a statement that injures a person’s reputation. Under Tort Law, if a defamatory statement is in writing, it is called “Libel.” And if the defamatory statement is in spoken words, is is called “Slander.”

In order to prove the tort of Defamation a Plaintiff must prove the following:

1. A false statement was made;

2. Such a false Statement was published or communicated to a third person;

3. The Defendant was at fault;

4. The Plaintiff must show that he or she did sustain damages or some harm caused by the defamatory statement.

PRIVILEGES AND DEFENSE

Truth and Privilege may be complete defenses in a defamation claim. Therefore, if the alleged defamatory statement is True, then the defendant is off the hook.

ABSOLUTE PRIVILEGE

In some cases, there may be an Absolute Privilege Defense to a defamation claim. For instance, a witness making a statement during a judicial proceeding has an Absolute Privilege from defamation liability.

QUALIFIED PRIVILEGE

A Qualified Privilege permits someone to make a statement that could otherwise be considered defamatory. However, if the statement is made with Actual Malice, then the defendant no longer can raise the defense of Qualified Privilege. For instance, statements made during legislative proceedings, if not malicious may be covered by Qualified Privilege.

In context of employment an Employee must successfully show the following in order to win a defamation claim:

• Employer made a false statement about the Employee;
• Employer made the statement with Malice (that is, knowing that it was false or with reckless disregard to its falsity);
• Employer told or wrote that statement to at least one other person;
• Employer’s defamatory statement harmed the Employee in some ways- causing employee to lose a job, or preventing a new employer from hiring her or him, and so on.

Historically, Gender Discrimination affected women. Women’s career opportunities were and still are limited for no other reason beside the fact that they were women.

When investigating a gender discrimination case, diligent and capable Chosen Lawyers look beyond what employers say about hiring and promotion; they attentively look at what they do.

Employers, sometimes, have policies in place that talk about fairness, but their actions do not comport with what they preach. For instance,

• In many cases, Employer hire or promote a specified number of women to give a false perception of fairness;
• Some Employers systematically promotes men in a manner that keeps women at a lower level;

There are many important legal issues under Federal Equal Employment Opportunity Laws and State Codes that Employers must observe during Hiring Process. For instance, an Employer may not discriminate against a job applicant based on race, gender, religion, national origin, color, pregnancy, disability or age during Hiring Process.

Moreover, an Employer is forbidden by law to ask a female applicant if she plans to have children, and so on.

Please Note: Employers have the right to ask for additional documents and requirements, such as:

a. Federal Employment Identification Number;

b. Registration for Unemployment Compensation Tax;

c. Workers Comp Insurance, an Illness and Prevention Plan for the Occupational Safety and Health Administration (OSHA);

d. Notice required by the Department of Labor (DOL);

e. Company may ask the applicant to register for company benefits prior to commencement of work.

It is always wise to request for a written Job Offer. Such an offer should clearly delineate employment conditions, job title, rights, responsibilities and so on.

Salary, benefits and terms should be clearly defined and understood by both parties. Other matters such as vacation days or other benefits such as health insurance, retirement plans, family and medical leave benefits should also be clearly understood and explained in the employment agreement.

Since, many unforeseen issues cause the premature termination of a contract, it is also wise to clearly delineate the terms of possible termination. For instance, if there will be a Severance Payment clause; it should be clear and to the point.

Some employers include non-compete clauses into their employment contracts. These provisions are designed to prevent competition between the employer and employee, upon termination or breach of the contract.

Courts generally frown upon such clauses. However, if the non-compete agreement is reasonable and is supported by consideration at the time of agreement; it protects a legitimate interest of an employer; it is reasonable in scope of time and space, the court may enforce such a clause.

Employers are generally allowed to check the background of an applicant. However, there are some types of records that Employers cannot consider in their hiring process. For instance, an employer may check and consider the applicant’s educational records in their hiring process but some states do not allow employers to search an applicant’s criminal records.

Moreover, medical records may only be requested when relevant to the job. Workers compensation records may only be used if relevant to the job. Bankruptcy records, despite being publicly available, cannot be factored into a hiring decision.

Records that are commonly accessed in a pre-employment background check include credit reports, driving records, court records, property ownership records, personal references, drug tests, your social security number, state licensing records, past employers, and any listing on sex offender registries. Credit checks are forbidden in some states unless the employer can show its relevance to the job.

At times, the line between classification of Employee and Independent Contractor may seem blurry. Nonetheless, there are considerable differences between them, when it comes to employment benefits, taxation and liability. This is why, it is very important for you to know the difference between an employee and that of an independent contractor.

Here are the key differences:

• An Employee, generally, works for only one employer; while an Independent Contractor could provide services to more than one;
• The Employer sets the work schedule for an Employee; while work schedule for an Independent Contractor is flexible;
• An Employee generally works at the Employer’s office, while, an Independent Contractor works out of own office or even home;
• An Employee work is directly controlled by the Employer, while and Independent Contractor is more independent;
• An employee, usually, receives benefits such as healthcare, and disability insurances, while and Independent Contractor does not;
• An Employee, generally, becomes eligible to receive unemployment compensation after lay off or termination; while an Independent Contractor does not;
• An Employee is protected by workplace safety and employment anti discrimination laws; while an Independent Contractor is not;
• An Employee is covered by Federal and State Wage and Hour Laws such as Minimum Wage and Overtime Rules; while these laws do not apply to Independent Contractors;
• An Employee is entitled to Worker’s Compensation Benefits for any Workplace Injury, while and Independent Contractor is not;
• An Employee is entitled to Worker’s Compensation Benefits for any Workplace Injury, while and Independent Contractor is not;

There are significant differences between these categories of employment and they vary from state to state. For instance, part-time employees may not be eligible for company benefits unless they are required under state law.

Federal Laws, on the other hand, treat part-time and full-time employees the same. For example, under the Fair Labor Standards Act (FLSA) all employers are required to pay minimum wage, overtime pay, keep records, and observe child labor provisions, regardless of part-time or full-time status.

On the other hand, most states define part-time work as Employment with less than 35 hours per week and full-time 40 hours or more.

Temporary Employees, or temps, are hired to cover certain short-term needs of a company. Companies that hire temporary employees must also observe Federal Employment Laws. Family Medical Leave Act, for instance, may apply to temporary workers if there is direct employer/employee relationship between the worker and the employers; despite the fact that temporary workers are technically employed by staffing agencies.

Seasonal Employees are hired to help during a specific season, typically during Planting, Harvest or Christmas Seasons. Federal and state laws protecting employees frequently apply to seasonal workers as well.

For most workers, the main purpose of working is to earn a living wage. However, in addition to an annual salary or hourly wage many employees enjoy benefits such as health care coverage, paid vacation, profit sharing, retirement and other benefits.

Many Federal and State laws are devised to determine minimum wage, the maximum amount of hours an employee may work in a single shift, collective bargaining rights, overtime laws, and other rules.

These “wage and hour” laws enable employees who are denied overtime pay or a lunch break, and so on to file a claim contra their employer for such damages.

The Fair Labor Standards Act (FLSA) sets federal standards for a minimum wage, overtime pay, employee record-keeping, and child labor.

Most U.S. workers receive subsidized health benefits through their employers. Therefore, the Federal Government enacted the Consolidated Omnibus Budget Reconciliation Act (COBRA). This law allows employees who lose their jobs to maintain their employer-sponsored health care plan for up to 18 months after termination, at their own expense.

ERISA is the abbreviation for the Federal Employee Retirement Income Security Act (ERISA), which governs how employment benefits — including health care coverage — are handled. The main purpose of ERISA is to ensure that retirement benefits are managed for the “exclusive benefit” of the participants, not simply to enrich the fund managers.

Federal Law requires Employers to give their Employees unpaid time off for performing their civic duties such as Jury Duty or to Vote. Moreover, the Family and Medical Leave Act (FMLA) protects workers who need time off for a family or medical necessity. Under the FMLA employers may not terminate or otherwise retaliate against an employee who has a valid request for leave.

Other common types of leave include vacation and holidays. Government employers are required to provide employees with a paid day off on legal holidays, but not private sector employers. Also, employers are not required to provide paid vacation time to their employers.

Domestic Worker is referred to a worker, who works as household employee, such as a care taker, babysitter, nanny, housekeeper, gardener; a handyman who works regularly in a household may also qualify as a domestic worker.

Traditionally such workers had few legal protections. However, some states such as New York have passed laws, such as “Domestic Workers Bill of Rights,” which provides comprehensive employment benefits, such as overtime pay, paid vacation, sick time, and health insurance to domestic workers.

The Fair Labor Standards Act (FLSA) defines and delineates employees’ eligibility for overtime, minimum wage, and paid leave availability. For example, employees, who earn more than $23,600 annually, salaried employees, or those engaged in managerial activities may not be entitled to overtime payment.

There are many ways to plan for retirement. For instance, most governmental employees are entitled to pensions, while private employers offer 401(k) plans.

Individual Retirement Accounts (IRA) are available to people who do not have access to 401(k)s. On top of that, the federal government offers many protections for retired citizens. The Employee Retirement Income Security Act (ERISA), governs how retirement savings can be used, and Social Security funds are typically available to many retired seniors.

The Family and Medical Leave Act (FMLA), which is a Federal Law mandates Employers to allow unpaid leave to their qualifying Employees. However, FMLA does not apply to Employers with less than 50 Employees. Although, some States afford qualifying Employees with additional protections, such as limited paid leave and/or coverage for Employers with less Employees.

FMLA also mandates Employers to allow their qualifying Employees to take up to 12 weeks leave for a family or medical needs. To be eligible, the employee must have worked at the company for at least one year (1,250 hours or more).

This is the FMLA minimum requirement. Some Employers can have their own extended paid leave policy. Under FMLA, an Employee may take his or her leave for the following purposes:

• Birth, adoption, placement of a child;
• Care for an immediate family member (spouse, minor or incompetent child, parent) with a “serious health condition;”
• Care for employee’s own “serious health condition.”

Please note that FMLA requires Employers to restore an Employee to his former (or equivalent) job when returning to work.

Many States and Municipalities also require Employers to offer family and medical leave benefits. Some Municipalities’ Ordinances provide workers with one hour of paid sick time for every 40 hours they work.

California’s Paid Family and Medical Leave (PFL) Laws, for instance, may entitle employees who’ve worked at the company for at least 30 days to receive 55% of their wages (up to a maximum of $987 per week) for up to six weeks

PFL also provides coverage for those with a newborn baby, adopted or foster child, or to care for a seriously ill parent, child, spouse, or registered domestic partner. Unfortunately, PFL does not provide employees with paid leave for their own illness. However, San Francisco’s Paid Sick Leave Ordinance provides paid sick leave to full or part time employees accruing at a rate of 1 hour for every 30 hours of time worked, capping at 40 or 72 hours depending on the size of the company.

When it comes to workplace privacy, there are many contentious matters that must be observed. For instance, the Law forbids Employers from subjecting their Employees to lie detector tests. However, modern technologies enable employers to easily monitor all of their employees’ computer and telephone communications. In fact, office workers should assume that all of their phone calls, emails, and Internet destinations are being monitored. While, this type of surveillance seems invasive, they are generally allowed by law as it involves company-owned property.

In order to justify this type of encroachment on Employees’ privacy, Employers, generally, argue that they have a compelling interest in making sure that their equipment is being used properly and for business purposes.

Employers often use the collected Internet and email content as evidence to prove employee wrongdoing in employment disputes, or for employees who file harassment, discrimination, or other employment-related lawsuits.

The monitoring of workplace telephone usage also is generally allowed. However, Electronics Communications Privacy Act (ECPA) prohibits employers from monitoring an employee’s personal phone, or even a company phone if it is a personal call unless it is consensual.

Employers are, generally, allowed to require job applicants to take drug tests as a condition of potential employment. However, many States forbid Employers from screening their current employees, with a few exceptions, such as:

• Employees working in jobs that carry substantial safety or health risks for themselves or others;
• Injured employees whose job-related accident is suspected to have involved the use of drugs;
• Employees suspected of using drugs on the job, such as slurred speech or bloodshot eyes, and so on;
• Management has reason to believe the employee has been using drugs during work

Legalization of Marijuana in some States has further complicated the Drug Testing Laws altogether. Employers generally have the right to conduct pre-employment drug tests, regardless of how an employee’s substance use would affect his or her work. In fact, for certain high-risk employments, such as passenger pilots or commercial truck drivers, the Federal Laws Mandate Drug and Alcohol testing.

Moreover, Drug Free Workplace Act (DFWA) of 1988 can compel employers who receive Federal Funding to run a drug-free environment. Although, DFWA does not specifically allow drug testing.

It is important to know that some State Laws have limitations and regulations in place for employers that choose to conduct drug tests. But generally, employers may not drug test their employees (or job applicants) selectively and without their permission. However, despite challenges in both federal appeals and state appellate courts, employers generally have the right to fire employees who test positive for marijuana even if it is legal in that state.

Generally, an individual’s genetic information and medical records are strictly confidential. However, Employers may request certain medical information if an Employee seeks medical leave. Employers are not allowed to access an Employee’s Genetic information, because they may be used to discriminate against certain employees.

Generally, employers are mandated by law to notify their employees as well as their clients, customers and other people in the range of cameras that the premises are under video surveillance. Moreover, such recordings cannot include audio recording. That is because, it is illegal to record oral communications under Federal Wiretap Law.

Video surveillance cameras must only be used where there is a legitimate business reason, such as deterring theft or violence. Employers are not allowed to use recording devices or two-way mirrors in rest rooms, locker rooms, and other locations where there is a reasonable expectation of privacy.

The National Labor Relations Act (NLRB) prohibits employers’ use of video surveillance to monitor their employees’ union activities, and so on.

Yes! The Federal Occupational Safety and Health Administration (OSHA) requires that Employers provide their Employees with a reasonably Safe workplace. If Employees are injured on the job, Employers are generally responsible for their medical costs. Employers may even have to pay fines if their workplace did not comply with OSHA standards.

The Occupational Safety and Health Act (OSHA) was promulgated in 1970. Under OSHA Employees have various rights, such as:

• The right to review documentation on illnesses and injuries related to a given workplace;
• The right to file a confidential complaint with OSHA, thus initiating a workplace inspection;
• The right to not face retaliation for reporting OSHA-related complaints.

Furthermore, OSHA requires employers to keep detailed records of work-related accidents, injuries and illnesses. And Employers must prominently post a list of safety citations and an OSHA poster on their premises.

Whistle-blowing laws are designed to protect Employees who report their Employers’ Unlawful Activities. Some states protect whistle-blowers who report that their employer broke any law, regulation, or ordinance. Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations, labor laws or laws that protect the public interest.

The term “blow the whistle” means: to report a violation of the law or breach of the public trust committed by an employer. The report could be made to a supervisor or an authority. For instance, an employee could alert the Environmental Protection Agency (EPA) about his Employer’s illegal dumping of toxic waste.

Many Federal Laws, such as the Clean Air Act (CAA) and the Solid Waste Disposal Act (SWDA) offer legal protection and rewards to those who expose violations affecting the environment or the health of the workers.

Should the Employer retaliate, then the reporting Employee can sue for retaliation. Other federal laws with whistleblower protections include the Comprehensive Environmental Response, Compensation and Liability Act; Energy Reorganization Act; Safe Drinking Water Act; Toxic Substance Control Act; and the Water Pollution Control Act.

To assert your rights under federal whistleblower law, you must file a complaint with the Occupational Safety and Health Administration (OSHA).

In addition to Federal Government Laws, many States have enacted their own laws, in order to encourage Employees to expose their Employers’ wrongdoings, without fear of prosecution or retaliation.

Employees who refuse to participate in the alleged violation, or who help with the official investigation are also protected by most state (and federal) whistleblower protection laws.

If a whistleblower in good faith provides credible information that exposes his or her Employer, for defrauding the Government, he may file a Qui Tam Action to help the government recover those losses. In such lawsuits typically the whistleblowers are rewarded 15 to 30% of the total amount recovered.

HOW TO FILE A QUI TAM ACTION?

Any person (not just employees) can launch a Qui Tam action against any organization or entity that has allegedly defrauded the government. A person who files a Qui Tam claim is referred to as the “Relator”. Such claims are filed “Under Seal,” thus they are kept confidential.

Generally, when a Qui Tam Claim is filed, the government starts an investigation of its own into the allegations. Such investigations can also be done in civil court. The civil complaint pertaining to the qui tam action must include a “written disclosure of all material evidence and information,” according to federal law. But it’s important to stress that this information may not be freely disclosed outside of the complaint.

The False Claims Act (FCA), also known as the “Lincoln Law”, is a Federal Law, under which imposes liability on those who defraud governmental programs.

The law includes a “Qui Tam” provision, which enables people who are not working for the government, known as “Relators” to file an action also known as blow the whistle on behalf of the government. The Relator or Whistleblower can be employed by the violating party, but does not have to. Under FCA or Lincoln Law relators could receive about 15–25% of the total recovery, which at times could be a huge amount.

As of 2012, more than 70% of all federal Government Lincoln Law or FCA actions were filed by whistleblowers. Most of these suits were brought in fields of health care, military, government spending programs, and most prevalently against the pharmaceutical corporations.

Lincoln Law has been an effective program, which enabled the Government to recover $38.9 billion under the False Claims Act between 1987 and 2013.

The FCA or Lincoln Law imposes liability when any person or entity improperly commits the following acts:

• Knowingly presenting, or causing to be presented a False Claim for payment or approval;
• Knowingly making, using, or causing to be made or used, a False Record or Statement material to a False or Fraudulent Claim;
• Conspiring to commit any violation of the False Claims Act;
• Falsely certifying the type or amount of property to be used by the Government;
• Certifying receipt of property on a document without completely knowing that the information is true;
• Knowingly buying Government property from an unauthorized officer of the Government, and;
• Knowingly making, using, or causing to be made or used a false record to avoid or decrease an obligation to pay or transmit property to the Government, and so on.

Please note that certain claims are not actionable under FCA or Lincoln Law. Here are some:

• FCA does not allow certain claims against Members of the Congress, Armed Forces, Judiciary and Senior Executive Branch;
• FCA does not allow claims, records, or statements made under the Internal Revenue Service (IRS).

Filing a lawsuit under False Claims Act must be done based on specific procedural requirements, here are some:

• The Relator may be allowed to file the complaint “Under Seal”. Under Seal is referred to a procedure, which allows sensitive or confidential information filed with a court not to become public records;
• While the Government can be served with the complaint, but not the Defendant;
• The complaint must accompany a detailed memo delineating the facts upon which the complaint is based; it must be served on the Government, but not filed in court.

Clearly, the FCA protects the Relator against retaliation. This law also entitles the Relator to recover, in addition to his award for reporting fraud, double damages plus attorney fees for any acts of retaliation.

Lastly, FCA allows the Department of Justice to pay rewards to those who report fraud against the federal government an amount from 15 to 30% of the total amount recovered.

Filing a False Claims Act is similar to other whistleblower claims. Qui Tam actions must be made in good faith in order to receive legal protections.

These days, finding a job has become a major challenge for millions. Losing a job, especially for wrong reasons, could accompany many emotional and financial pain and legal challenges.

Nonetheless, the first step after a job loss is to take a look at the unemployment benefits and insurance. These benefits can be an important source of fund for you and your family while you are seeking other employments.

It is also important to know whether your employment was an “at will” employment, which generally means the employer was free to terminate your employment for any reason — as long as it is not illegal, such as discrimination or you had an enforceable contract. If your termination was a breach of contract or for an illegal reason, then you may have a number of legal remedies.

Even if you quit your job or were legally terminated, you may have a number of rights, such as:

• You have a right to receive your final paycheck. California Employment Laws Mandate Employers to immediately provide the last paycheck to a terminated employee who quits with at least 72 hours’ notice. On the other hand, if the employee quits without notice, the Employer must pay its former employee’s last paycheck within 72 hours. These requirements are very specific and vary from state to state.
• Of course, if there are contractual provisions dealing with the last paycheck, then such terms may determine the course of action.
• You have the right to continue your employer-based healthcare plan;
• You may be entitled to severance pay and vacation pay. Employers are not mandated by law to offer severance pay to departing employees. Some employers may offer severance packages to their laid off employees. However, any employer who includes severance pay in the terms of an employment contract is required by law to do so. Other than a written contractual provision, severance pay also may be contractually binding if it is mentioned as a policy in the employee handbook; or severance pay has been offered to similarly positioned employees; or if the employer orally promised on a severance pay.
• The amount of severance is generally calculated based on employee’s length of employment; or agreed upon amount.
• The amount of severance is generally calculated based on employee’s length of employment; or agreed upon amount.
• You may be entitled to receive Unemployment Insurance Benefits, and so on.

PAGA is the abbreviation for a California Legal Doctrine called: Private Attorneys General Act of 2004 (PAGA). PAGA allows California Employees to hold their Employers accountable for violations of Labor Codes, on behalf of themselves and other wronged fellow employees as they were the State’s Attorney General.

HERE IS HOW IT WORKS

1   Any Employee whose labor rights have been violated can file a PAGA Lawsuit. 

2   The Wronged Employee (Plaintiff) has the right to act as a “Private Attorney General,” seeking justice on behalf of all fellow employees affected by Employer’s Violations.

HERE ARE SOME OF THE CALIFORNIA LABOR CODE VIOLATIONS COVERED UNDER PAGA

1   Wage Violations: Any employer failing to pay its employees the minimum wage, overtime, meal and rest breaks can be sued under PAGA.

2   Itemized Wage Statements: Employers must comply with set procedures in preparing and presenting their wage statements.

3   Paid Sick leave: Employers who fail to provide the accrual of sick leave are subject to PAGA lawsuits.

4   Labor Standards: Any Employer who fails to comply with California Labor Code, including but not limited to timekeeping, employment misclassification of employees as independent contractors and so on can be sued under PAGA.

HERE ARE SOME OF THE PENALTIES IMPOSED UNDER PAGA

Should the employees be successful in their lawsuit under PAGA, the Employer can be held liable for:

1   Each Wronged Employee can be entitled to $100 per pay period for initial violation.

2   Each Wronged Employee can be entitled to $200 per pay period for each subsequent violation.

3   75% of the collected penalties go to California Labor and Workforce Development Agency (CLWDA), and 25% goes to the employees involved in the lawsuit, plus employees’ legal costs and attorney fees. 

4   In some PAGA cases, Employees may receive additional compensation if their lawsuits include other legal claims, including but not limited to unpaid wages, damages or statutory penalties imposed on Employers under other laws.  

WHAT IS THE FILING PROCESS FOR PAGA LAWSUITS?

Prior to filing the PAGA lawsuit, the Employee must send a written notice to California Labor and Workforce Development Agency (CLWDA). This notice must include:

a   A description of the violated labor code.

b  Facts and circumstances supporting the violation/s.

c  Legal basis for the claims.

Employee must wait for the CLWDA’s Answer. CLWDA has 65 days to review and reply. Should the CLWDA decides to pursue the case itself, the Employee cannot file the Lawsuit. If the agency does not take any action within 65 days, the Employee can file the PAGA Lawsuit in California Superior Court. 

SETTLEMENT OR TRIAL:

Often Employers settle PAGA cases and pay the penalties without going through expensive trials.  However, if a settlement is not reached, the case will proceed to trial, where the judge will determine whether the Employer violated the alleged labor code. If so, the judge will impose penalties.