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.
Subscribe to:
Posts (Atom)