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Is Your Employer Cheating You On Your Pay? “Meal Break” Clue #1

Clue #1:  You’re an hourly employee who often has to work through lunch, but your employer automatically deducts half-hour “Meal Breaks” from your time, Federal law: the Fair Labor Standards Act, requires that you be paid at least minimum wage (or overtime) for all working time.  If your employer knows or should have known that you did not take a half-hour meal break, it breaks the law in deducting that time if the deduction means that your average pat was less than the minimum wage when your pay rate for that week, dividing total pay by hours actually worked, is less than the minimum wage; or if you worked more than 40 hours that week, because the deduction means that you did not get time and a half for all hours worked over 40. State law: Many States have wage payment laws requiring employers to pay the agreed hourly rate…
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Do You Have a “For Cause” Employment Contract?

Employees usually have the most rights under an employment contract that either says the employee will be employed for a specific period of time, or says the employer is restricting its ability to fire the employee to specific circumstances, such as “for cause,” with a definition of the term. Employers trying to recruit high-level managers, or persons with hard-to-find skills, find “for cause” agreements a powerful tool in persuading the desired prospects to leave what they were doing and sign up with the employer.

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One Defendant Compels Arbitration, Others “Wait and See”

When a plaintiff sues a company or agency and its officials, and only the company or agency compels arbitration, does the arbitration-losing plaintiff get a “second bite at the apple” in the lawsuit, against the officials? Or do the officials get a low-risk chance to get out of the lawsuit without ever getting to the merits? And what happens if plaintiff wins the arbitration? Read the blog post for the answers. Continue reading

Richard Seymour Spoke On Evidence In Employment Cases As Part Of An Ali-aba Conference

Richard Seymour spoke on December 5, 2008, on Evidence in employment cases, at an ALI-ABA conference in Washington, D.C., sponsored by the American Law Institute and American Bar Association.