Wednesday, September 29, 2010
McDonald's Corp. and Illegal Immigration
http://www.youtube.com/watch?v=sWt74Lysgj4&hl=en
Sunday, September 26, 2010
Lawsuit Loan - Keys to Stopping Sexual Harassment in the Work-Place
Perhaps you've been subjected to sexual harassment in the workplace and would like to provide some tips to the individual engaging in such behavior. If so, you may wish to share the following with them: (1) do not make the mistake of treating individuals in the manner that you think they wish to be treated, but treat them in the manner they wish to be treated; (2) expend some effort to determine whether the other individual is actually participating and occasionally, at least, initiating the interaction between the two of you; and (3) always beware of the need to maintain the other individual's space, recognizing that you must first obtain their permission prior to invading that space.
Avoid touching individuals and/or standing too close to them without first asking whether they feel comfortable when you're doing so. It is unlikely that such conduct would be appropriate unless you and the other individual are close friends prior to engaging in such conduct. Any of these activities may serve as an appropriate basis for litigation against the employer, and are very likely to be situations for which you would qualify for a lawsuit loan.
It is important to keep in mind that relationships will change over time. Simply because behavior may have been appropriate in the past does not mean that conduct is appropriate at the present time. This is oftentimes simply a matter of the way in which the relationship has changed with time. If you are uncertain, you should always ask the other individual that such conduct is appropriate at the time in which he engage therein.
For those in managerial positions, you are advised to act in a prudent fashion. Individuals in such positions should limit compliments to employees' performance in the workplace, rather than employees' personal appearance. Additionally, it would be a rare instance in which it would be appropriate for an individual in a managerial position to comment on other employees' attire. You may qualify for a lawsuit loan to pursue an action against the employer due to a doctrine in law that makes the employee or, in many instances, liable for its employees' conduct.
A lawsuit loan it may be just what you need to cover your expenses while pursuing litigation against an employer in an effort to stop such abusive behavior in the workplace!
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Sunday, September 12, 2010
Spiritual Networking
http://www.youtube.com/watch?v=DFNmL_TtYE0&hl=en
Monday, September 6, 2010
Overtime Pay Violations
The Fair labor Standards Act (FLSA) generally requires most employers to pay their employees time and one-half (1.5) their regular hourly rate of pay for working more than forty (40) hours in a workweek. Such compensable work time may include forced, mandatory overtime as well as "off the clock" work. Even if an employer has a written policy prohibiting overtime, the employer may be required to pay for overtime worked if that policy was not enforced or if the employee was otherwise permitted to perform the work.
There are many schemes employers use to avoid paying their employees overtime. Some employers require or permit employees to work "off-the-clock" by having employees perform certain tasks before clocking in or after their shift is over. Another trick many employers use is they automatically deduct for meal periods, but do not completely relieve their employees of their work duties. These improper automatic deductions are common in the healthcare industry where nurses are often responsible for their patients and subject to recall during their meal periods. Some employers illegally deduct pay for short breaks. The law, however, usually requires employers to pay their employees for breaks that last only five (5) to twenty (20) minutes.
Other employers make their workers sign independent contractor agreements even though the worker is not really in business for himself. The actual working relationship, not a piece a paper, determines whether a worker is an employee. In general, an independent contractor works for more than one company at a time and controls his own work.
One of the most common wage violations is when an employer tries to avoid paying overtime by simply paying a salary to employees who are not exempt from the requirement that they be paid overtime. In general, executive level employees, administrative employees and professional employees are exempt from the overtime requirements. Some employers will give an employee a fancy title, but it is the actual duties the employee performs, not the job title, that determine whether an employee is entitled to overtime pay. For example, even if an employer creates a job title of "assistant manager" and pays that employee a salary, if the employee does not really manage anything or supervise anyone, he probably should be paid on by the hour and be entitled to overtime pay.
Another way employers commit wage theft is by misusing the "tip credit" in the restaurant industry. In certain situations, restaurants who employ wait staff can pay their wait staff $3.02 less than the minimum wage for hours worked where the employee receives tips. That $3.02 is sometimes called a "tip credit." To be able to pay its employees below the minimum wage using the "tip credit," an employer must first meet certain rules. If the employer does not comply with these rules, the "tip credit" is invalid and you may be entitled to the $3.02 deducted from your pay for each hour you worked. One common way the tip credit can become invalid is when an employer requires its employees to share their tips with employees who do not customarily receive tips, such as the restaurant manager, dishwasher, or chef. Such an improper tip pool can invalidate the tip credit. Another violation is when restaurant employers require their tipped employees to work only for tips. Bober & Bober, P.A. has handled many cases involving the restaurant industry. Even customarily tipped employees-waiters, waitresses, bartenders, busboys, food runners-are entitled to legal protection.
If you believe your employer or former employer has cheated you out of your wages, call Bober & Bober, P.A. or contact us through our web site at http://www.wageclinic.com. If we are able to handle your case, we do not charge any fees or costs unless we recover money for you.