Thatcher Law FirmThatcher Law Firm2024-03-15T20:52:48Zhttps://www.thatcherlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303456/2020/05/cropped-favicon-32x32.jpgby aronzavarohttps://www.thatcherlaw.com/?p=534852024-03-15T20:52:48Z2024-03-15T20:52:48Z
Demotion
Decrease in pay
Decrease in work hours
Being placed on unpaid leave
Being removed from projects
Being passed up for promotion
Denying or rescinding benefits
Denying bonuses
Termination
How can employees protect themselves from retaliation?
The timing of an employee’s complaint about unlawful discrimination or another type of violation (as well as the timing of any adverse actions taken against the employee by the employer) is paramount. An employee should complain about discrimination or a violation when it occurs. It is important for an employee to be able to show that an adverse action/retaliation is because of their complaint. If an employee waits until their employer brings a disciplinary action against them to allege discrimination or safety infractions, it is unlikely the employee will be able to show a causal connection between the complaint—a protected activity—and the adverse action. An employee’s complaint may appear obviously suspect if it stems not from a desire to protect oneself or others, or comply with the law, but rather to punish the company for holding the employee accountable for poor performance or perceived mistreatment.
How should a company handle a discrimination complaint?
To protect themselves from possible legal liability, all companies must evaluate complaints of discrimination and take them seriously. It is beneficial to have a standard procedure for employees to appropriately voice their complaints to Human Resources, a manager, or to the head of their department. Once an employee’s complaint has been made, an internal investigation must be conducted before a finding is made. At this point, appropriate action must be taken to protect the employees.
For more information on how to handle your discrimination and/or retaliation claim(s), contact our office at 301-441-1400 to schedule a consultation appointment with an expert employment attorney today. www.ThatcherLaw.com.
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]]>by aronzavarohttps://www.thatcherlaw.com/?p=534822024-02-02T22:48:40Z2024-02-02T22:48:40ZOn January 10th, 2024 the United States Department of Labor (“DOL”) put out a final rule that revised the classification criteria for independent contractors and employees under the Fair Labor Standards Act (“FLSA”). This new rule will go into effect on March 11th, 2024.
What are the new classification parameters?Under the new FLSA rules, the employers must now conduct a test with six individual factors. These factors are:
Opportunity for profit/loss the worker may hold
Degree of financial stake the worker has invested into the employer
Permanence of work relationship between worker and employer
Degree and nature of control the employer holds over tasks
The integral nature of the worker’s tasks to the functioning of the employer’s business
Skill and initiative of the worker
What risk is involved with improperly classifying workers?An employer who misclassifies their workers may be required to pay back wages, overtime, out-of-pocket product expenses, and may even be subject to pay liquidated damages (double damages under the FLSA). To ensure that your workers are appropriately classified under this new rule, you must consult with an expert employment attorney here at Thatcher Law Firm. Contact our office at 301-441-1400 to schedule a consultation appointment today. www.ThatcherLaw.com.Follow us on:
]]>by aronzavarohttps://www.thatcherlaw.com/?p=534812024-01-26T23:08:42Z2024-01-26T23:08:09ZWho is eligible for FAMLI leave?
All employers must provide FAMLI leave to employees who have worked 680 hours or more in the past 12 months. These 680 hours, the equivalent of 85 eight-hour workdays, do not have to be with the same employer.
How should an employer prepare for the use of FAMLI leave?
All employers will automatically be enrolled in the FAMLI state plan unless they provide a comparable private plan for their employees. This private plan will need to be approved by the Department of Labor (“DOL”). Unless a private plan is approved, beginning October 1, 2024:
Employers with 15 or more employees are required to contribute 0.90 percent of covered wages up to the Social Security cap. The amount contributed will be equally divided among the company’s workers when FAMLI leave is used.
Employers with 14 or fewer employees are not required to contribute but will be required to withhold 0.45 percent of their employees’ earnings to pay into their FAMLI reserves.
Is FAMLI leave the same as the Family Medical Leave Act (“FMLA”)?
No. The FMLA is a federal law which provides unpaid leave to employees who work for eligible employers. The FAMLI program is a state program which provides paid leave to eligible employees. FAMLI leave will run concurrently with an employee's time away that is covered by FMLA. Employees who utilize FAMLI will enjoy the same legal protections that FMLA provides. This means an employee may not be retaliated against for taking FAMLI leave.
Why is this relevant now?
While benefits only become available in January 2026, employer, and employee contributions toward FAMLI will begin on October 1, 2024. It is important that employers be prepared to implement these new legal requirements in their regular business practice. If an employer does not appropriately follow these legal requirements, they open themselves up to potential legal vulnerabilities such as employee complaints, litigation, and government intervention.
To make sure that you stay within legal compliance of the new FAMLI program, you must consult with an expert employment attorney here at Thatcher Law Firm to discuss your FAMLI plan. Contact our office at 301-441-1400 to schedule a consultation appointment today. www.ThatcherLaw.com.
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]]>by thatcherlawfirmhttps://www.thatcherlaw.com/?p=534782024-01-05T22:22:56Z2024-01-05T22:22:56Zat most, 12 weeks of unpaid leave per 12-month period.
Even if a worker first experiences a medical challenge affecting their health followed by a loved one’s illness, they won’t be eligible for additional leave until 12 months have passed. Therefore, workers often need to balance the desire to rest and recuperate with the possibility of requiring leave again later within the same year.
Those who use all their unpaid leave for a single incident could be vulnerable to job loss if a secondary situation arises before 12 months have passed. Workers who face multiple challenges in a short amount of time will potentially be vulnerable to termination or other punitive actions brought by their employers if they miss a substantial amount of work.
The FMLA only protects workers from retaliation when they are eligible for leave. If a worker cannot return to their job after the 12 weeks of leave ends, then their employer could choose to demote or even terminate the worker who has become unavailable or unreliable due to personal circumstances.
Employers and employees should learn the rules that apply to this crucial workplace protection to help them avoid unfortunate misunderstandings and navigate challenging leave-related situations in a well-informed, graceful manner.]]>by Aron Zavarohttps://www.thatcherlaw.com/?p=534752023-12-08T22:35:16Z2023-12-08T22:35:16Z
Accessing Employee Health Information Without Authorization: If an employer has access to employee health information, either through health insurance plans or workplace wellness programs, accessing this information without proper authorization can be a violation. Employers should ensure that only authorized personnel have access to employees' health data.
Improper Disclosure of Health Information: If an employer discloses an employee's health information to unauthorized individuals or third parties without the employee's explicit consent, HIPAA could be violated. This includes sharing information with colleagues who do not have a legitimate need for this information.
Inadequate Safeguards and Security Measures: Employers who collect and store health information must implement reasonable safeguards to protect the confidentiality and integrity of that information. Failing to have proper security measures in place, such as encryption or secure storage, can lead to HIPAA violations.
Insufficient Employee Training: Employers are responsible for training their employees who handle health information about HIPAA regulations. If employees are not adequately trained in the proper handling and safeguarding of health data, it could result in unintentional violations.
Lack of Written Policies and Procedures: Employers should have written policies and procedures in place to ensure compliance with HIPAA regulations. The absence of such policies or failure to follow established procedures can contribute to inadvertent HIPAA violations.
Retaliation Against Whistleblowers: If an employer takes adverse action against an employee who reports a HIPAA violation within the organization (whistleblower), it could lead to legal consequences. HIPAA protects individuals who report violations from retaliation.
It's essential for employers to understand their responsibilities under HIPAA and, if applicable, to have clear policies and procedures in place to prevent unintentional violations. Employers should also provide regular training to employees who handle health information and take appropriate steps to safeguard sensitive data. If an employer is unsure about their obligations under HIPAA, Thatcher Law Firm can advise on how to keep your employees’ confidential health information safe.
If you believe your HIPAA rights have been violated by your employer, you must consult with an expert employment attorney to discuss your rights. Contact Thatcher Law Firm at 301-441-1400 to schedule a consultation appointment today. www.ThatcherLaw.com.
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]]>by Aron Zavarohttps://www.thatcherlaw.com/?p=534742023-12-01T22:20:19Z2023-12-01T22:18:02ZNo support from management
According to the female employees, the toxic culture in the U.S. Antarctic Program continues in part because the project's superiors at NSF turn a blind eye to their complaints. An Associated Press investigation found many cases where an Antarctic Program worker reported being harassed or assaulted, only to be ignored and forced to continue working side-by-side with their harasser(s). Others have reported retaliation for reporting sexual harassment.
For example, one woman has said that NSF unlawfully terminated her after she reported being sexually assaulted. Another woman reported that nothing was done after a man on the base threatened to kill her; she was forced to carry a hammer with her at all times in order to defend herself. Yet another woman says when she reported being raped, her supervisor downgraded the allegation to mere sexual harassment.
Victims can use the law to fight back
Reporting incidents of sexual harassment and assault is a legally protected activity under the law. Employees who have previously been or are currently being harassed or retaliated against must consult with an expert employment attorney to discuss their rights. Contact Thatcher Law Firm at 301-441-1400 to schedule a consultation appointment today. www.ThatcherLaw.com.
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Non-Discrimination Based on Protected Class: Title VI mandates that federally funded educational institutions cannot discriminate based on race, color, and national origin in their programs or activities.
Language Access: Title VI also addresses language barriers, requiring recipients of federal funds to take reasonable steps to provide meaningful access to individuals with limited English proficiency. This provision aims to prevent linguistic discrimination and promote effective communication in federally funded programs.
Financial Assistance Programs: Federal agencies which provide student aid such as the Free Application for Federal Student Aid (“FASFA”) are also bound by Title VI, and must not discriminate against applicants because of their race, color, and national origin.
Investigations and Enforcement: Federal agencies responsible for administering financial assistance programs are tasked with investigating complaints of Title VI violations. If discrimination is found, agencies have the authority to take corrective action.
Challenges and Ongoing Work:
While Title VI has resulted in substantial strides in promoting equality, challenges persist. Issues such as subtle forms of discrimination and disparities in outcomes require ongoing attention. Additionally, the evolving educational landscape demands continuous efforts to adapt and strengthen the impact of Title VI.
Title VI stands as a testament to the commitment of the United States to the principles of equality and non-discrimination. Its provisions continue to shape the nation's landscape, fostering inclusivity and opening doors of opportunity for individuals of all backgrounds. As we reflect on the achievements of Title VI, we must also acknowledge the work that lies ahead in the pursuit of equality in education.
If you have been discriminated against by an educational institution, contact our expert attorneys at Thatcher Law Firm to schedule a consultation appointment. 301-850-1246www.ThatcherLaw.com.
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Works in a "bona fide executive, administrative or professional capacity
Are not covered by legal requirements to receive time-and-a-half for overtime and
Earn more than $35,568 annually.
A proposed change to the overtime income limit would make time-and-a-half overtime pay available to about 3 million more Americans. This proposal would not change the first two elements listed above, but would raise the income limit, and thereby would greatly increase the pool of eligible workers. If the Department of Labor's proposal goes into effect, it would raise the exemption limit for overtime pay from $35,568 to $55,000. Furthermore, if accepted, this proposal would update the income ceiling every three years. The Labor Department is touting this plan as a way to boost the economy by increasing workers’ income.
Tried Once Before
A similar proposal was blocked by a court in 2017. A federal judge ruled that raising the income limit to $47,476 would set the bar too high and would thwart Congress' intentions by including types of jobs that lawmakers had meant to exclude. A similar court challenge from pro-business groups could lead to the same result in this case.
For now, the proposal must first be published in the Federal Register, after which the public will have 60 days to respond. Undoubtedly, there will be lively debate from both the employee and employer perspectives.
Do you know how wage and hour laws affect you?
Both employees and businesses in Maryland need to know their rights and obligations regarding wages and hours worked and how changes to the law affect them. If believe you have been denied overtime, contact our expert attorneys at Thatcher Law Firm to schedule a consultation appointment. 301-850-1246www.ThatcherLaw.com.
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