Beginning January 1, 2013, there will be some changes to FCRA. Employers who utilize background checks will have to use a new "Summary of Consumer Rights" form to notify job applicants and employees of their rights under FCRA.
Under the new changes, employers will have to make clear that the Federal Trade Commission (FTC) is not the agency that applicants and employees should contact regarding FCRA questions, but rather the newly formed Consumer Financial Protection Bureau (CFPB).
Before any pre-adverse action is taken against an employee based on an employee's background check, an employer must provide the new "Summary of Consumer Rights" to the employee. Also, the employer must provide this notification before obtaining a background check if the report includes information from personal interviews conducted by a consumer reporting agency.
If you are the victim of a FCRA violation, please contact Ambuter Law.
Monday, December 31, 2012
Thursday, December 27, 2012
SSA Employee Reprimanded for Farting
An SSA Employee was recently handed a 5 page written reprimanded for "conduct unbecoming of a federal officer" --- for farting. The written reprimand details over 60 occurrences over 17 days of the "unbecoming conduct" in the agency's Baltimore office.
The manager supposedly wrote in the reprimand, “I asked if you could make it to the restroom before releasing the awful and unpleasant odor. I informed you that the smell from your being flatulent disturbed your co-workers and disrupted the work environment."
According to the employee, his flatulence was linked to medical conditions. He provided documents to his manager, who in turn said, "nothing that you have submitted has indicated that you would have uncontrollable flatulence. It is my belief that you can control this situation.”
Apparently the employee's flatulence issue was causing other employees to not want to help him with work. The employee offered to turn on a fan to help the stench, to which his manager said, "turning on the fan would cause the smell to spread and worsen the air quality in the module.”
The employee is being represented by his Union.
Please click here for the full article.
If you are the victim of discrimination in the workplace, please contact Ambuter Law.
The manager supposedly wrote in the reprimand, “I asked if you could make it to the restroom before releasing the awful and unpleasant odor. I informed you that the smell from your being flatulent disturbed your co-workers and disrupted the work environment."
According to the employee, his flatulence was linked to medical conditions. He provided documents to his manager, who in turn said, "nothing that you have submitted has indicated that you would have uncontrollable flatulence. It is my belief that you can control this situation.”
Apparently the employee's flatulence issue was causing other employees to not want to help him with work. The employee offered to turn on a fan to help the stench, to which his manager said, "turning on the fan would cause the smell to spread and worsen the air quality in the module.”
The employee is being represented by his Union.
Please click here for the full article.
If you are the victim of discrimination in the workplace, please contact Ambuter Law.
Wednesday, December 19, 2012
Minimum Wage on the Rise
Beginning on January 1, 2013, Florida's minimum wage will increase from $7.67 to $7.79 per hour, which is a 1.5% increase. Florida requires a new minimum wage calculation each year on September 30. This is based on the Consumer Price Index. If calculation is higher than the federal rate, which is currently $7.25, then the state's rates take effect the following January. Beginning in January, "tipped employees" should be receiving a new pay rate of $4.77 per hour.
Make sure that if you are not receiving the higher minimum wage amount in January, that you immediately inform your employer.
Please contact Ambuter Law for all of your employment law needs.
Make sure that if you are not receiving the higher minimum wage amount in January, that you immediately inform your employer.
Please contact Ambuter Law for all of your employment law needs.
Wednesday, December 5, 2012
Wage Protection Ordinance
Broward County has become the second county in Florida to adopt a wage protection ordinance. Originally called a "Wage Theft Ordinance," it has now been referred to as a "Non-Payment of Earned Wages" ordinance.
A non-payment of wages occurs when an employee is not paid wages that he/she is legally owed. It occurs in different forms such as unpaid overtime, not being paid at least minimum wage, working during meal breaks, misclassification of employees as independent contractors, forcing employees to work off the clock, altering time cards or pay stubs, illegally deducting money from employees’ pay checks, paying
employees late, or simply not paying employees at all.
What this ordinance does is that it allows a second avenue for residents of Broward County, fairly similar to federal and state laws, to bring an administrative action for the recovery of unpaid wages in excess of $60,000.00 or more. Also, under this ordinance, it defines an "employer" without regard to size, gross volume of sales, or business transacted. However, there is an exemption for the United States, the State of Florida, and any Indian Tribe.
More and more counties in Florida, and across the nation, are recognizing these "wage theft" or "non-payment of wages" ordinances.
If you are the victim of unpaid wages, please contact Ambuter Law.
A non-payment of wages occurs when an employee is not paid wages that he/she is legally owed. It occurs in different forms such as unpaid overtime, not being paid at least minimum wage, working during meal breaks, misclassification of employees as independent contractors, forcing employees to work off the clock, altering time cards or pay stubs, illegally deducting money from employees’ pay checks, paying
employees late, or simply not paying employees at all.
What this ordinance does is that it allows a second avenue for residents of Broward County, fairly similar to federal and state laws, to bring an administrative action for the recovery of unpaid wages in excess of $60,000.00 or more. Also, under this ordinance, it defines an "employer" without regard to size, gross volume of sales, or business transacted. However, there is an exemption for the United States, the State of Florida, and any Indian Tribe.
More and more counties in Florida, and across the nation, are recognizing these "wage theft" or "non-payment of wages" ordinances.
If you are the victim of unpaid wages, please contact Ambuter Law.
Wednesday, November 7, 2012
Employee vs. Independent Contractor
What's the difference between an employee and an independent contractor?
Employee
Under common-law rules, anyone who performs a service for an employer is considered an employee if the employer can control what will be done and how it will be done. This is true even if the employer gives the employee freedom of action. What is important is that the employer has the right to control the details of how the services are performed.
Independent Contractor
Individuals such as doctors, dentists, lawyers, veterinarians, accountants, contractors, etc. who offer their services to the general public are generally considered independent contractors. However, whether these individuals are always considered independent contractors depends on the facts of each case. The general rule is that an individual is considered an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
An individual is not an independent contractor if he/she performs services that can be controlled by an employer. This applies even if the individual is given freedom of action.
Why does this matter?
If an individual is considered an employee, then the employer must withhold federal income tax, pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. An employer does not generally have to withhold or pay any taxes on payments to independent contractors.
Consequences for Treating an Employee as an Independent Contractor
If an employer classifies an employee as an independent contractor and has no reasonable basis for doing so, the employer may be held liable for employment taxes for that worker. Also, if an employee is misclassified as an independent contractor, the employee can file Social Security and Medicare tax forms to gain relief.
If you are victim of employment related problems, contact Ambuter Law for your free case evaluation.
Employee
Under common-law rules, anyone who performs a service for an employer is considered an employee if the employer can control what will be done and how it will be done. This is true even if the employer gives the employee freedom of action. What is important is that the employer has the right to control the details of how the services are performed.
Independent Contractor
Individuals such as doctors, dentists, lawyers, veterinarians, accountants, contractors, etc. who offer their services to the general public are generally considered independent contractors. However, whether these individuals are always considered independent contractors depends on the facts of each case. The general rule is that an individual is considered an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
An individual is not an independent contractor if he/she performs services that can be controlled by an employer. This applies even if the individual is given freedom of action.
Why does this matter?
If an individual is considered an employee, then the employer must withhold federal income tax, pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. An employer does not generally have to withhold or pay any taxes on payments to independent contractors.
Consequences for Treating an Employee as an Independent Contractor
If an employer classifies an employee as an independent contractor and has no reasonable basis for doing so, the employer may be held liable for employment taxes for that worker. Also, if an employee is misclassified as an independent contractor, the employee can file Social Security and Medicare tax forms to gain relief.
If you are victim of employment related problems, contact Ambuter Law for your free case evaluation.
Wednesday, October 31, 2012
ADA Facts
The Americans with Disabilities Act (ADA) protects people with disabilities in employment, as well as in other situations. The ADA's main employment provision prohibits covered employers from discriminating against qualified individuals with a disability. The prohibition applies to all terms, conditions, and privileges of employment. In addition, the ADA provides employers to make reasonable accommodations for qualified individuals with disabilities.
So who exactly is a regulated employer? Regulated employers include:
So who exactly is a regulated employer? Regulated employers include:
- private employers with 15 or more employees
- employment agencies
- labor organizations
- joint labor/management committees, and
- local governments.
- be a current or prospective employee of a covered employer
- be qualified for the position, and
- have a disability within the meaning of the ADA.
- Discrimination: covered employers may not discriminate when it comes to:
- recruitment
- job application procedures
- hiring
- promotion and training
- time off
- job assignments
- benefits
- wages, and
- layoff and termination.
- Test and Qualification Standards
- Harassment
- Segregation
- Medical Examinations
- Inquiries about Disabilities
- Retaliation
Tuesday, October 23, 2012
Constructive Discharge
Constructive discharge occurs when an employee is forced to resign because the employer has made the working conditions unbearable. What constitutes "unbearable" conduct? Unbearable conduct includes, but is not limited to, discrimination, harassment, a humiliating demotion, a punitive transfer or hostility towards the employee, or receiving a negative change in pay or work for reasons unrelated to work.
To prove a claim for constructive discharge, you'll likely have to prove most or all of the factors below:
If you are the victim of constructive discharge, please contact Ambuter Law for a free case evaluation.
To prove a claim for constructive discharge, you'll likely have to prove most or all of the factors below:
- Your employer recently changed a working condition that led to your resignation, or constructive discharge,
- The change and your resignation occurred close enough in time to establish a "cause and effect" relationship,
- The change was so unbearable, that it would have caused a reasonable employee to resign,
- Your employer intentionally created or allowed the change, knowing that it would lead to your resignation.
If you are the victim of constructive discharge, please contact Ambuter Law for a free case evaluation.
Monday, October 15, 2012
Hostile Work Environment
One of the most common thing I hear from potential clients is that they work in a "hostile work environment." However, in order for there to be a "hostile work environment," the harassment essentially must be "married" to a someone who falls under a protected class, such as ADEA, ADA, or Title VII.
What rises to the level of creating a hostile work environment? Petty slights, annoyances, and isolated incidents (unless extreme) do not rise to a level of illegality. For the conduct to rise to the level of illegality, it must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include jokes, slurs, epithets or name-calling, physical assaults or threats, intimidating, mockery or ridicule, insults or put-downs, offensive objects or pictures, and interference with work performance.
However, you must remember, in order for an environment to be considered a "hostile work environment," you, as the abused, must fall under one of the protected classes of people.
If you are the victim of a hostile work environment, please contact Ambuter Law.
What rises to the level of creating a hostile work environment? Petty slights, annoyances, and isolated incidents (unless extreme) do not rise to a level of illegality. For the conduct to rise to the level of illegality, it must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include jokes, slurs, epithets or name-calling, physical assaults or threats, intimidating, mockery or ridicule, insults or put-downs, offensive objects or pictures, and interference with work performance.
However, you must remember, in order for an environment to be considered a "hostile work environment," you, as the abused, must fall under one of the protected classes of people.
If you are the victim of a hostile work environment, please contact Ambuter Law.
Monday, October 8, 2012
FMLA Facts
Almost on a daily basis, I am confronted by an employee who asks me whether they would qualify for leave under the Family and Medical Leave Act (FMLA). So what exactly is FMLA? Here are some easy and quick facts to help you determine whether you qualify for FMLA.
FMLA requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave per 12-month period for the arrival of a new child through birth, adoption, or foster care, to care for a family member who is suffering from a serious health condition, or to deal with the employee's own serious health condition. Employees are entitled to continue their health benefits while on leave. Once their leave is over, employees are entitled to reinstatement.
So who exactly is a regulated employer? Regulated employers include:
If your rights under Family and Medical Leave Act are being interfered with by your employer, please contact Ambuter Law for your free case evaluation.
FMLA requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave per 12-month period for the arrival of a new child through birth, adoption, or foster care, to care for a family member who is suffering from a serious health condition, or to deal with the employee's own serious health condition. Employees are entitled to continue their health benefits while on leave. Once their leave is over, employees are entitled to reinstatement.
So who exactly is a regulated employer? Regulated employers include:
- private employers with 50 or more employees
- the federal government
- state and local governments, and
- public and private elementary schools and secondary schools.
- have worked for a covered employer for at least 12 months (these months do not have to be consecutive. However, the employer does not have to count time worked prior to a break in service of 7 years or more in most cases.)
- have worked at least 1,250 hours for the employer in the past 12 months immediately preceding the leave, and
- work at a location with 50 or more employees within a 75 mile radius.
- Employers may not prevent employees from exercising their FMLA rights, nor may they discriminate or retaliate against employees for exercising their FMLA rights. Employers cannot fire or otherwise retaliate against employees for taking or requesting FMLA leave.
- Employers also may not interfere with court proceedings or investigations pertaining to the FMLA.
If your rights under Family and Medical Leave Act are being interfered with by your employer, please contact Ambuter Law for your free case evaluation.
Monday, October 1, 2012
Social Media and Workplace Harassment
With the growing use of technology, harassment isn't just confined to the physical workplace anymore, but rather has expanded to social media as well. More and more employees are finding themselves the subject of social media harassment. Gone are the days where harassment took the place of verbal communication between employer/employee and co-workers. With the use of social media sites, boundaries are becoming blurred, and co-workers' private and professional relationships are intersecting with those of other co-workers.
What exactly is social media harassment? Social media harassment takes the form of harassment through emails, text messages, blogs, and other social media networking/communication sites. The harassment doesn't just occur during the work day at the workplace, but rather overlaps into the personal lives of co-workers and occurs, many times, after work hours.
So what are employers doing about this growing problem? Many employers are starting to implement social media harassment in their policy handbooks, as well as offer workplace training on the subject. However, employers still have to be careful not to overstep their boundaries by infringing on a worker's rights to use social media sites. Employers also have to worry about being overly broad when implementing social media harassment policies as well. Instead, employers need to find a balance to protect employees while not infringing on their rights.
If you are the subject of harassment or discrimination in the workplace, contact Ambuter Law for a free case evaluation.
What exactly is social media harassment? Social media harassment takes the form of harassment through emails, text messages, blogs, and other social media networking/communication sites. The harassment doesn't just occur during the work day at the workplace, but rather overlaps into the personal lives of co-workers and occurs, many times, after work hours.
So what are employers doing about this growing problem? Many employers are starting to implement social media harassment in their policy handbooks, as well as offer workplace training on the subject. However, employers still have to be careful not to overstep their boundaries by infringing on a worker's rights to use social media sites. Employers also have to worry about being overly broad when implementing social media harassment policies as well. Instead, employers need to find a balance to protect employees while not infringing on their rights.
If you are the subject of harassment or discrimination in the workplace, contact Ambuter Law for a free case evaluation.
Wednesday, September 26, 2012
Workplace Bullying
Workplace bullying is on the rise. It isn't something new; it's just becoming more prevalent. According to a CareerBuilder study, 35 percent of workers said they felt bullied from work. Last year, only 27 percent had felt this way.
So who is doing the bullying? According to the study, most who felt bullied pointed to incidents with their bosses (48 percent) or co-workers (45 percent). Thirty-one percent felt bullied by customers, and 26 percent by someone higher up in the company other than their boss. Also, fifty-four percent of those bullied said the bully was someone older than them, while twenty-nine percent said the person was younger.
So what type of bullying are we seeing? We're seeing employees falsely accused of mistakes, being ignored, having different standards or policies used towards them than other workers, being constantly criticized, being yelled at by their boss in front of co-workers, having belittling comments made about them about their work at meetings, being gossiped about, having their bosses assign their tasks to other workers, being excluded from projects or meetings, and being picked on for personal attributes.
According to the study, many of those bullied confronted their bully or spoke with human resources about the incidents. Unfortunately, for some of those bullied, the situation got worse or human resources did nothing. But remember, unless you report the incident, there may be no chance that the bullying will ever stop, so reporting the incidents and bully is the best solution.
To view this full article, click here.
If you are the subject of discrimination or harassment in the workplace, contact Ambuter Law for a free confidential consultation.
So who is doing the bullying? According to the study, most who felt bullied pointed to incidents with their bosses (48 percent) or co-workers (45 percent). Thirty-one percent felt bullied by customers, and 26 percent by someone higher up in the company other than their boss. Also, fifty-four percent of those bullied said the bully was someone older than them, while twenty-nine percent said the person was younger.
So what type of bullying are we seeing? We're seeing employees falsely accused of mistakes, being ignored, having different standards or policies used towards them than other workers, being constantly criticized, being yelled at by their boss in front of co-workers, having belittling comments made about them about their work at meetings, being gossiped about, having their bosses assign their tasks to other workers, being excluded from projects or meetings, and being picked on for personal attributes.
According to the study, many of those bullied confronted their bully or spoke with human resources about the incidents. Unfortunately, for some of those bullied, the situation got worse or human resources did nothing. But remember, unless you report the incident, there may be no chance that the bullying will ever stop, so reporting the incidents and bully is the best solution.
To view this full article, click here.
If you are the subject of discrimination or harassment in the workplace, contact Ambuter Law for a free confidential consultation.
Wednesday, September 19, 2012
Discrimination Against Mothers in the Workplace
Increasingly, mothers in the workplace are becoming the subject of discrimination. This type of discrimination is called maternal wall bias. What exactly is maternal wall bias? Maternal wall bias can take many different forms.
Furthermore, if a woman has a child, her chances of being hired fall by 79%, she is 50% as likely to be promoted as a childless woman, and her salary offer, on average, will be reduced by $11,000.00.
So what can be done to prevent maternal wall bias? For one, create awareness of the problem by creating and implementing training programs to prevent maternal wall bias in the workplace. Managers and co-workers also need to leave their personal opinions at home. Also employers should ask mothers what they want, rather than withhold opportunities until it's "a good time."
If you are facing this type of discrimination in the workplace, please contact Ambuter Law.
- Prescriptive bias involves "should" statements, such as "now that you're a mother, you should be working part-time and taking care of your children, instead of working here full-time."
- Benevolent prescriptive bias is less obvious. For example, if a husband and wife are working for the same company and the employer sends the wife home early to take of the children, yet makes the husband work long hours because he has a family to take care of, then this would be considered benevolent prescriptive bias.
- Descriptive bias is the most subtle of the three. Descriptive bias stems not from the assumption about how people should act, but rather from assumptions about they will act. An example would be if a mother went part-time, yet every time she was away from her desk her co-workers would assume she was at home with her children, rather than in a meeting.
Furthermore, if a woman has a child, her chances of being hired fall by 79%, she is 50% as likely to be promoted as a childless woman, and her salary offer, on average, will be reduced by $11,000.00.
So what can be done to prevent maternal wall bias? For one, create awareness of the problem by creating and implementing training programs to prevent maternal wall bias in the workplace. Managers and co-workers also need to leave their personal opinions at home. Also employers should ask mothers what they want, rather than withhold opportunities until it's "a good time."
If you are facing this type of discrimination in the workplace, please contact Ambuter Law.
Wednesday, September 12, 2012
What do I do if I am being Harassed and/or Discriminated Against at Work?
No one thinks that they are going to be the subject
of harassment and/or discrimination – especially at the work place. Unfortunately, it happens every day. Here are a few things you need to do to
ensure that you are protecting yourself.
2) Contact your company’s ethics' hotline (if there is one). A lot of companies today have implemented what is called an “ethics' hotline.” Many times, employees can call the ethics' hotline and report incidences of harassment and/or discrimination anonymously. This is a great resource for employees to use if they fear retaliation.
3) Keep a journal notating the harassment and/or discrimination. While this may sound silly, this is a great way for employees to notate specific incidences of harassment and/or discrimination that occur on certain occasions. If an employee has kept an accurate journal or log of events, it can be a great source to show the frequency and severity of the harassment and/or discrimination. Just make sure that you are writing your entries down when you are off the clock.
If you are the subject of harassment and/or discrimination in the workplace, please visit www.ambuterlaw.com for your free case evaluation.
1) Contact human resources in
writing. Many employees who are the
subject of harassment or discrimination fear that they will be retaliated
against if they contact human resources.
While this can happen in certain instances, you still need to contact
human resources and make them aware of the harassment and/or
discrimination. Also, this needs to be
done in writing, whether via email or a certified letter.
2) Contact your company’s ethics' hotline (if there is one). A lot of companies today have implemented what is called an “ethics' hotline.” Many times, employees can call the ethics' hotline and report incidences of harassment and/or discrimination anonymously. This is a great resource for employees to use if they fear retaliation.
3) Keep a journal notating the harassment and/or discrimination. While this may sound silly, this is a great way for employees to notate specific incidences of harassment and/or discrimination that occur on certain occasions. If an employee has kept an accurate journal or log of events, it can be a great source to show the frequency and severity of the harassment and/or discrimination. Just make sure that you are writing your entries down when you are off the clock.
If you are the subject of harassment and/or discrimination in the workplace, please visit www.ambuterlaw.com for your free case evaluation.
Subscribe to:
Posts (Atom)