Thursday, November 29, 2012

How to Find a Qualified FELA Law Firm

Finding a qualified FELA law firm can seem a daunting prospect. The last thing you want to do is engage the services of the stereotypical 'ambulance chaser' that will care nothing about you and your struggles and only looks to get as much money out of you as possible. What you need is a FELA lawyer that is well versed in the law and genuinely interested in securing the best possible settlement for you. Although the Union has a list of approved counsel, it is not always necessary, or even desirable to use a FELA attorney (railroad) from this list. Many factors can complicate this choice such as accessibility of the law offices, difficulty of your case, and need for an independent opinion.

If you choose not to use the Union recommended lawyers how do you find a qualified FELA law firm? Looking for a respected lawyer is much the same as looking for a good doctor or other professional. Check for references from satisfied clients, complaints lodged with the State law boards and case records including successes in similar claims. Look for a FELA attorney (railroad) that will offer a free consultation - it is imperative that you trust and can work with your lawyer and this consultation is critical to assessing that. A good lawyer also uses this consultation process to help discern if there is a valid case and they will be honest with you about your chances of success.

When you have found a FELA law firm that you wish to work with, do not be afraid to ask if they have more than one FELA lawyer and if so, request to interview each one. The relationship between lawyer and client is one of the critical elements for claims success - therefore it is worth it to take the time necessary to ensure you have chosen the right person for the job.

When you have chosen a FELA attorney (railroad) it is best you take a professional attitude towards your meetings with them. Be on time, keep records of appointments and do your best to thoroughly answer all questions. To some, it may seem like a FELA lawyer is 'hassling' them, but it is truly necessary to ask hard questions about the accident and its aftermath. Your lawyer will ask the questions so that neither of you are surprised in court.

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What to Do If You Think Your Employer Has Dismissed You Unfairly

The workplace is filled with stories where employers unfairly displace employees, based on either personal grudges or suspicions that have do not have any root causes for and neither have been substantiated in any way.

There are times when dismissal is fair, based either on the lack of performance shown by the employee, or when talking about recent times, the curse of the recession and the resulting redundancies that have occurred. If you belong to the first case then there are different means and methods of dealing with your suspicions about whether your dismissal was fair or not.

The first most reasonable thing you can do is to analyze the proceedings that led to the dismissal. If your employer gave you a specific reason as to why you were dismissed, think over it and determine for yourself whether you were unfairly dismissed or not. If you feel that you were, you should try contacting your employer and talking out your differences with him or her in a reasonable and calm manner.

Sometimes, you may be unlucky to get stuck with unreasonable employers. In that scenario, you may want to try the law and see how it works for you. Under the United Kingdom law, employees have been provided with certain privileges, and they can make use of the law in their favour. You can try appealing under the disciplinary procedures of your employer, but if that does not seem to work out then you may want to try the Employment Tribunal, also known as the Industrial Tribunal in Northern Ireland.

Before lodging a formal complaint at the Employment Tribunal, see if you can get your employer to listen to you in a reasonable manner. You should enlist the services of the Advisory, Conciliation and Arbitration Services that provide you with specialist. This specialist is there to serve as a bridge between yourself and the employer and helps suggest ways of reconciliation over your differences.

It is important to note that if you are set upon making a formal complaint at the Employment Tribunal, you should do so within three months of your unfair dismissal. If you have come to an agreement with your employer such as the "compromise agreement", it does not allow you to lodge a formal complaint against the employer.

You may have been given more than one reason for your dismissal. Whatever be the reason, it is up to you to prove why you feel you have been unfairly dismissed. The court is there to only provide a ruling if facts are provided. Make sure that you have official correspondence or any other proof of records that state that you had been doing your job in a regular manner and that you were unfairly dismissed.

If you are making a complaint against your employer, you should employ the services of a good attorney, who can guide you ably through the whole procedure. Since your firm would already have a professional litigator, it might be considerably difficult to prove your case, especially if it has been a watertight dismissal, and there has not been any shady business to have taken place.

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Don't Lose Your Job to a Workplace Harassment Law - What You Must Know to Keep Your Job

If you, as an employee, instigate what turns out to be a hostile work environment, it is possible that you could be in serious trouble for breaking a workplace harassment law... and, innocently, you had no idea that you did that.

By definition, harassment in the workplace is an act that leads to an environment that has become hostile. That is a rather general term, and perhaps that is why so many people do not realize how much trouble they could get into by saying the wrong thing to the wrong person. Of course, there are some people who know exactly what they are doing, mean to start trouble and should have the book thrown at them.

This article mainly concerns those who mean well, and want to stay out of trouble; be a good coworker and do the right thing. You might have a good friend outside of work, or at work, who's of a different religion or ethnic background, who you kid around with, both ways, about such differences.

That would be between you two; try that at work with someone else and you could lose your job. It's common sense but a lot of people just do not get it, even if they're well-meaning.

This applies to many areas, or differences among us, in addition to race and religion: well, actually just about anything. Someone's physical appearance, the way they dress, their sexuality; seriously, even the sports team they root for. You could be asking for trouble with overt, overbearing displays of racial and religious pride, or gay rights.

Keep in mind that your company's implementation of any workplace harassment law, as annoying as it might seem is meant to keep peace in the working neighborhood. Just keep your nose clean, and if one of your coworkers has a big one, and you can't resist letting them know, make sure you know them well. Then whisper it!

Having trouble on the job with a bullying boss? The Undercover Lawyer may be able to help. Check it out here.

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Redundancy Law - Making it Easier on Employers & Employees

Being made redundant and making someone redundant can be difficult, particularly when you don't know what your rights are when it comes to redundancy law. Searching on the internet is one common way that both employers and employees find information about redundancy but often the wording is such that unless they have a degree in law they probably won't understand the full meaning. Finding an employment law company who has legal advisors specialising in redundancy law is a great start to getting your questions answered and finding out your legal rights.

If you are an employer you will know that a company restructure, downsize or reorganisation are all part of business life and more often than not result in you having to make staff redundant. You will also know that restructuring needs to be used with care so as to avoid any unintended consequences that could ultimately damage your business. Some employers think that they can make their staff redundant simply because of their lack of performance or they just don't get on with them: This is not the case: If they are caught doing this then it can be very expensive. There are important steps to be taken when considering a restructure and talking with a specialist in the field of redundancy law will help you with these steps.

If you are an employee you may feel that being made redundant is a personal decision by your employer, as you've heard rumours that they are creating a new position which appears very similar to yours. Under New Zealand law you are entitled to be consulted prior to any decision being made and to be given all relevant information. Along with this you are also entitled to representation.

It's important to remember that redundancy can come about for many reasons including the addition of new technologies, business outsourcing, market downturn or change of business ownership, but regardless of the reason redundancy laws still apply.

So to find a specialist, conduct a search for keywords such as 'restructuring and redundancy law' in one of the Search Engines and look for a company that provides such services in your area of New Zealand. Also, take a look at their site to see if they provide information on what they need from you to assist you with your case. Make sure that they clearly state what they can assist you with, so that you are sure you are going to receive the help and information you require.

Finding a redundancy law specialist will not only provide you with the help you need but it will help to avoid any unnecessary arguments and mitigate the stress.

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Understanding Union Shop Laws

One of the most common types of union security is the union shop, a term practically everyone in the United States has heard, but one with which many people in certain areas are largely unfamiliar. The concept of the union shop is that collective bargaining is only possible when the entire work force of a certain business is with the union. That is, if a union were to strike for better benefits, and only half of the employees are members of the union, the business may be able to safely ignore the union. The union, in this case, has little power to affect working conditions.

To prevent this from happening, unions have reached agreements with the companies which employ them necessitating new employees join the union. These new hires are granted a certain grace period, after which they must join the union or pay the equivalent of dues. Under the National Labor Relations Act, the employees have at least 30 days before they must join the union or begin paying dues. This way, the union is able to exercise collective bargaining effectively.

The union shop replaced the more stringent policy of the closed shop, which the Taft-Hartley Act illegalized in 1947 in the United States. In a closed shop, a prospective employee had to already be a due-paying member of a union before they could even be hired by a company. This situation had certain obvious benefits to those already in a union - principally, being in a much smaller labor pool and therefore being far more likely to be hired - and certain obvious problems for people not in a union. Because the policy was effectively discriminatory, the US government outlawed the practice, although union shops were allowed to continue.

However, union shops are not effectively present in many states, mostly southern and southwestern ones, which are so-called Right-to-Work states. In these 22 states, laws prohibit companies signing agreements with unions mandating union membership or due-paying to be required of employment, either before or after hiring. Unions are much weaker in these states, as they have little power to effectively bargain with their employers. Unions may still exist in these states, but they lack some of their traditional function.

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State and Federal Labor Law Poster Requirements

If an employer has 2 or more employees, the employer is obligated to have a current State and Federal Law Poster on display in the work area. These posters must be showcased and seen by all of the employees.

Although most businesses are expected to post the same State and Federal Law Posters, not all businesses have to adhere to the laws on the posters. Some of the laws do not adhere to all companies. For example, a Dr.'s office may not have as many requirements as a hospital. A business is to display the correct law posters that adheres to the business.

These posters must be in a language that all employees can comprehend. Even if one employee does not understand English, a different poster in that employee's native language must be purchased. These posters cover all of the employee's rights. The Occupational Safety and Health Administration (OSHA) posters inform the employee about important health and safety information. The Department of Labor issues law posters details content including minimum wage, disability rights, family leave and other important legal topics for employees.

State law posters are different from Federal law posters as well. Labor laws are different in every state. These State law posters outline specific laws to a specific state and must be displayed with the Federal law posters.

Laws are always being revised and changed which is why it is important to display the most updated laws as possible. Employers must replace older versions with the most recent one in the workplace.

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Unionism Facilitating Collective Bargaining in India

"United we stand, Divided we fall", so say our ancestors. That is what they learnt from their experiences and we inherit. Recollecting the concept of unionism and thereby Collective Bargaining in India we have to trace back to pre independence era. The modern concept of Unionism in India received due recognition with the enactment of Trade Unions Act, 1926.

Being on the verge of independence but with a crashed economy! This was the period when employment and related issues were at its peak. The economy was divided into 2 classes - powerful Employers and helpless Labour. There were many unsolved issues in relation to wages and conditions of employment. Trade unionism served as a weapon in the hands of labourers whereby they united to get their demands right.

Since enactment, the legislation has many established precedents, as in cases like,

- Karol Leather Karmachari Sangathan v. Liberty Footwear Co. - Ramprasad Vishwakarma v. Industrial Tribunal - Bharat Iron Works v. Bhagubhai Balubhai Patel.

Here Collective Bargaining has been alternatively defined as dispute resolution machinery facilitating amicable solution of various issues between labour and management.

In an earlier Judgment, the Hon'ble Calcutta High Court even specified that the same legislative policy is implicit in the definition of 'Industrial Dispute' under the Industrial Disputes Act, 1947. In recent times with the recognition of labour issues world over even Collective Bargaining is serving as a strengthened weapon in hands of working class in any Constituency. The International Labour Organization (ILO) not only recognizes but also defines the term Collective Bargaining as,

"Negotiations about working conditions and terms of employment between an employer, or a group of employers, or one or more employer's organizations, on the one hand, and one or more representative worker's organization on the other with a view to reaching agreement."

Domestically, since enactment the legislation has undergone not many amendments. The formalities for registration like requirement of 7 or more members engaged or employed in an establishment stands intact. A registered trade union receives legal recognition. Also the governing power of such trade union still rests with the concerned State Government.

Though the Act was duly amended in 2001 aiming at gaining more transparency and to provide greater support to trade unionism in India, it is not applicable to,

- The Societies Registration Act, 1860 - The Co-Operative Societies Act, 1912 and - The Companies Act, 1956

Apart from this also low participation of women in trade union activities is also criticized. Many Organizations like Self Employed Women's Association (SEWA) are deploying their efforts on these fronts. Also where on one hand the progressive Constitution of India has established ideals of justice, liberty and equality on other hand it is a well established fact that trade union movement in India is governed on political grounds.

The concept is really to be nurtured in recent times of recession as they serve as established sites of solidarity facilitating improved terms and conditions at work with security. All this holds true but has to taken with a pinch of caution and responsibility. National Commission on Labour (NCL) rightly emphasizes, 'Trade Unions are formed not only to cater the worker's demand, but also for inculcating in workers the sense of discipline and responsibility.'

Author: Palak Lotiya

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The Steps For Choosing a Good Labor Lawyer

If you've been victimized in the work place, you may very well feel alone and helpless. When times are tough as they are now, you may feel grateful to have any job at all and hesitate to make waves and risk losing your position. Work place crimes are some of the most intimidating events imaginable, especially if you are being victimized by one of your superiors. However, you should know that there are great labor lawyers out there who can help you to correct a situation, handle disputes, or receive compensation if you've been discriminated against. Here's how to choose the right labor lawyer for you.

Where to Look

The internet is always a great place to start. There is always more information contained on a website than you could ever hope to find in a Yellow Pages advertisement. Enter the words "labor lawyer" along with your state or city in a search engine and see what comes up. Visit each law firm's web site and see what they have to offer.

What to Look For

If you have a leaky pipe in your home, it doesn't make sense to call in a carpenter to fix it. Just as all contractors are not alike, not all lawyers are alike. When it comes to resolving problems in the workplace, you don't want to use a family law attorney or a lawyer who "specializes" in a variety of different kinds of law: you want a labor attorney.

The focus of an excellent attorney's practice will be labor and labor alone. Within this category, the firm should be experienced in:

-- Age Discrimination -- Gender Discrimination -- Race Discrimination -- Disability Discrimination -- Religious Discrimination -- Retaliation -- Whistleblower -- Family Medical Leave Act -- And a host of other work-related areas including wrongful discharge and breach of contract.

What to Do Next

Once you have a list of the best lawyers in town, it's time to do some additional research. You may consider asking friends, coworkers, and family members if they have had any experience with any of the lawyers on your list. A good reference from a trusted person is a great place to start. You will also want to check all of the lawyers' status with the Bar Association in your state.

The Final Step

Once you have narrowed your list further, set up consultations with each attorney and get a feel for him and his office. Are they solicitous of your needs? Do they return your phone calls promptly? Do you like the lawyer's personality and feel he is someone you can trust? It is essential that you feel comfortable with the labor lawyer of your choice.

If you think you've been in victimized in the workplace, know that you are never alone: choose your labor lawyer carefully and he will do everything possible to see that justice is carried out in your behalf.

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State Labor Law in Virginia

Virginia is one of the states which are situated in the West Atlantic coast of USA. The nick name of this state is the "Old Dominion". It is also called the mother of presidents as well. As far as the labor laws are concerned, it is definitely quite good in Virginia.

Some of the labor laws in Virginia are as follows:

1. Employment at will If you will go through the labor laws in Virginia then you will definitely find this law to be one of the most important laws. According to this law an employer has the right to throw any employee out of the office without giving any notice. You might be shocked and horrified if you are an employee. But you should not be so frustrated. There are some points as well which the employer will have to keep in mind. The employer must make sure that he has the legal reasons behind firing the employee out. Generally the reasons come out of the contract. It has been clearly mentioned in the state labor law books that the employee as well as the employer will have to follow the contract. Once an employee signs a contract then he will have to obey each point which has been mentioned in the contract.

2. Termination without legal notice This is definitely not allowed as I have discussed on the first point. However this point needs further explanation. The employers are not allowed to terminate any employee on the basis of age, sex, religion, national origin, disability as well as pregnancy. If any employer is found guilty on this account then he will definitely be punished.

3. Family as well as Medical Leave As far as the federal laws are concerned, those employees who are found to be eligible for this can take the medical leave of 12 weeks. But they will not be paid for this period. However the employee needs to be eligible for this job. As per the law that employee is allowed to take this kind of leave who has worked for at least 12 months under the present employer. He will also have to make sure that he has worked for at least 1250 hours during the last 12 months. They will also have to make sure that they are employed by the covered employers.

4. State labor laws posters The employer will have to make sure that the state labor law posters are pasted in each corner of the office. This has been made the rule because only then the employee will come to know about these laws.

These are some of the state labor laws. Both the employee and the employer will have to make sure that they follow it. Otherwise severe action might be taken against them.

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The Cost of Unionization

As the uncertainty of the current economic crisis wages on, union representation may seem more appealing than ever to workers who are concerned about job security, wages, and benefits. The truth of the matter is, unions target companies that are profitable. While many of these companies have had to make changes to remain competitive, they are still in the sights of unions. However, when they cannot seem to make headway into well-run companies, unions will vilify a company working to maintain profitability by engaging in orchestrated corporate campaigns.

Most employees do not realize how the presence of a union and even their external activities can negatively impact the business - and their job security especially in today's competitive and recovering market. Now is the time for companies to proactively take measures to protect their company and their employees by remaining union free. The cost of doing nothing is too great a risk.

Some research, such as the work done by John E. Dinardo and David Lee at the National Bureau of Economic Research, has led many to believe that increased wages and benefits have an insignificant impact on the market value of an organization. If this is the case, why did unionization play a significant role in the automobile industry crisis? The United Auto Workers (UAW) still preach to everyone that will listen about "The Union Advantage in Pay and Benefits"--that unionized workers receive higher wages and more benefits than non-union workers.

A March 2009 study released by the Bureau of Labor Statistics supports these claims. The study found that union-free employers paid an average of $19.06 per hour (wages and salary), while union employers in the same sector were obligated to $22.76 per hour. Additionally, unionized workers received $13.82 per hour in benefits, whereas union-free workers received $7.33 per hour in benefits. Of course, the argument could be made that union dues are not accounted for in this study, but does any of that matter if the company - or entire industry - collapses under the strain?

Why do so many organizations, such as Wal-Mart, FedEx, Citigroup, Associated Builders and Contractors, even the US Chamber of Commerce, take such a strong stance against unionization? In his landmark text, "Unions Are Not Inevitable!," author Lloyd M. Field explained, referencing multiple studies conducted in the 5-year period following unionization. The findings, according to Field, were that newly organized company's operating costs increased by more than 25 percent of their gross payroll and benefit costs. In his book, Field provides an example of a company with a gross payroll of $18 million, for whom unionization would then result in $4.5 million in additional annual operating costs.

Jim Gray, president of Jim Gray Consultants, a firm that specializes in helping business leaders with human resources and business transitioning issues, found that businesses could expect to spend approximately $400,000 to more than $2,000,000 on a single unionization campaign. These costs includes items such as attorney's fees, travel expenses, meetings with employees, video presentations, lost productivity, and other items that are often hard to quantify but can add up to thousands - even millions - lost.

As far as annual expenses for an organization with a union presence, Gray estimates that the total additional operating costs (over a union-free company) range from $900,000 for a company with 100 employees to more than $4,000,000 for a company with as many as 2000 employees. These amounts do not include wages and benefits, but do include items such as additional training for managers, additional Human Resources support, attorney's fees, cost of arbitrations and handling of grievances, plus negotiations, lost productivity, strike planning, security, and lost sales margin, as well as a number of other items.

Extending the research out to 10 years post-unionization, the Employment Policy Foundation (EPF) stated that a unionized company's output per employee would be 2.4% less than a union-free competitor, if that unionized company experienced just a .25 percent reduction in productivity. Their conclusion was that unless the unionized company could sell their product at a higher price or other cost savings could be attained, the unionized company is likely to see 14 percent less in profits per labor hour than their non-union competitor.

Research by David Lee and Alexandre Mas, which used a similar methodology to Lee's earlier study with DiNardo, found that unionization reduced an organization's market value by approximately $40,500 per worker eligible to vote in a unionizing campaign.

In his book, "Union Proof - Creating Your Successful Union Free Strategy," author Peter J. Bergeron notes that the cost of operating a unionized organization is estimated to be 25 to 35 percent higher than a union-free organization. This is because unionized organizations lead to larger human resources staff, increased legal counsel, increased involvement with regulatory agencies, loss of flexibility, and increased labor costs due to rules on overtime, grievances and arbitration processing, and many other requirements.

With extensive operational costs and potential loss of market value, organizations must be diligent in their strategies to avoid unionization. An integral part of any successful union avoidance strategy is communication with employees. As noted by Bergeron, "Companies that are afraid of the 'U-word' are the unions easiest targets. If your employees aren't knowledgeable about unions, make sure that you are the one to provide that information - otherwise, the union will do it for you, and not in a good way. Employers need to provide useful information. In short, employees need to see current, relevant factual information. They need to know about the things that can affect them, and they need to know that upper management really is aware of the challenges they face on a daily basis."

The bottom line is that unionization can have a serious impact on the agility and profitability of any company. It's vital that every union-free employer takes preventive action now - building relationships with employees to let them know how much they are valued, not just for their output, but for their skills and input as well. Employers should consider it their responsibility to educate and inform employees of the reality of union representation. Times are hard; stay union-free to avoid making them harder.

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Has the Jones Act Blocked Help in the Gulf of Mexico Cleanup?

The recent disasters oil spill in the Gulf of Mexico has caused some Americans to take a closer look at how the government has handled the cleanup. There has been some speculation recently as to whether or not the Jones Act has hampered the cleanup efforts. There were offers made by foreign governments to send vessels over to aid in the oil skimming that was necessary to retrieve the oil from the surface of the water in the gulf. This foreign aid was turned down, even though their help could have proven very useful in expediting the cleanup effort.

The Jones Act is a piece of legislation that dates back to the 1920s. It requires that all vessels working in United States waters must be American built and manned by an American crew. This means that the United States Coast guard cannot accept assistance from European vessels despite the fact that they have been specifically designed for this type of environmental cleanup. The damage caused by the huge amounts of oil gushing from the BP oil rig has caused untold millions in damages to both the environment and the residents of the gulf coast.

The law allows a president to waive the restrictions in the event of an emergency. During the aftermath of a hurricane the previous presidential administration waved these restrictions in order to speed up the process of getting aid to those affected. The waiver given to foreign assistance during hurricane Katrina proved invaluable to those individuals affected by the disaster. During the gulf cleanup however no such waiver has been given. There is some debate as to how much assistance foreign ships could actually provide, but many believe that any help is better than nothing.

There has been speculation that the motives behind refusing to allow such foreign assistance may be politically motivated. BP has been reported to have received a waiver on certain environmental regulations and was a supporter of the current president. Some supporters of the Jones Act have even begun to distance themselves from the regulations imposed by the legislation. There have been those who have encouraged the president to allow foreign assistance to aid in the cleanup of the oil in the Gulf of Mexico. Whether or not these restrictions will be lifted remains to be seen but everyone can agree that the sooner the oil is cleaned up the more we can lessen the damage done by this disaster.

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Need Help With Employment Law?

Many people need advice on employment law when there is an employment issue needing to be resolved such as dismissal and bullying. In these times it is important to locate a firm specialising in this area which can work alongside you, guide you and put in place simple systems and procedures that will allow you to manage tomorrow's problems.

Employment law requires the employer to provide an employment agreement but it is important for the employer to ensure the employment agreement is tailored to the needs of the business: Any old agreement will not do.

This is an area of law where prevention is better and cheaper than the cure or, to put it another way, it is better to know where you stand before you are standing in it! Personal grievances and claims that the employer unfairly dismissed an employee, failed to investigate a complaint of workplace bullying or stress, or failed to consult the employee about restructuring and the resulting redundancy can be prevented by obtaining good advice on employment law.

If you are a small to medium sized business you are unlikely to have inhouse advice. You need advice from a firm that understands the world of business and the difficulties of running a business. However, lawyers and advocates providing employment law services should be specialists. Your lawyer who has helped you when buying or selling your house or business is a commercial lawyer and not a specialist in employment law.

Some employment law firms act for only employers or employees: Other firms act for both. They have the advantage of knowing better how both employees and employers think when faced not only with the employment relationship problem itself but also the stress of managing it.

A lawyer or advocate specialising in employment law understands how the employment law institutions work: They know about the mediation process, the investigative process of the Employment Relations Authority and hearing process of the Employment Court. They should also know about the costs of using these processes.

Whether you are an employer or employee, when looking for a firm, see if they provide free advice. A free phone consultation allows you to assess not only whether you need further advice but also whether the person on the phone sounds like the person you need. You can also check out their websites to see if they give information through blogs and articles: They are often a good indication of the person that will be representing you.� You want to work with a lawyer or advocate who speaks plainly and can advocate passionately.

Finally, because you will be using your hard-earned money to pay for the services you require, you are entitled to expect the best.

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Health and Safety Guidelines For Employees

The Health and Safety Executive (HSE) are responsible for the regulation of almost all the risks to health and safety arising from work activity in Britain.

According to Directgov - As an employee you have the right to work in a safe and healthy environment. This right has been given to you by law and it can't be changed or removed by your employer.

1. The employee has the responsibility to keep their employee as far as possible from any risk to their health and safety.

2. If employee has to work in a place where there is any risk to their health and safety, then the employer has to provide free of charge, personal protective and safety equipments.

3. You, as an employee have the right to tell your employer about any health and safety concerns that you have.

4. If your employer doesn't listen to your complaint then you can contact Health and Safety Executive (HSE).

5. It is your responsibility to take care of your health and safety.

Every employer must report serious work related injury that stops an employee in doing their normal work for more than 3 days, death of an employee, major accident or injury like broken leg, and any disease.

Any injury at work should be recorded in employer's accident book.

To avoid workplace accidents, employers must follow some necessary steps:

1. There should be regular risk assessments of working conditions and equipment

2. It should be ensured that proper safety measures are in place and being followed by the employees.

3. Correct and adequate training should be provided to all employees to ensure that they can carry out the requirements of their job and use their equipment safely.

If you have been injured in an accident at work and you think that your employer is at fault then you can claim compensation. To make a successful claim you need a good work accident personal injury lawyer who can deal with your case.

Every employer must be insured to cover a successful claim. They must give you the details of their insurance if you need them.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   

The Truth About Fair Labor Practices

Many individuals do not know everything they should know about fair labor practices and work in a place where labor laws are violated everyday. Knowing the truth about fair labor practices will ensure that you are receiving the right compensation for the work that you do as well as the right treatment from those above you in your work place. There are a number of ways in which employers will attempt to get around fair labor practices and employees should know that it is in no way right for an employer to do this. If you don't already know what your rights are in the workplace you should do some research fast so that you can start being treated fairly at your job.

One common violation in the work place has to do with overtime hours and the amount of pay that you are supposed to receive if you work overtime. Almost all employers are required to pay time and a half for all hours worked above the 40 hour work week. Some of the ways in which employers will try to get around this are by making employees work overtime hours off the clock or by calling such overtime mandatory and refusing to pay the proper compensation for working such additional hours. If you are working more than 40 hours a week and not receiving time and a half pay for it you should talk to your employer or somebody outside of the job immediately. Chances are you work hard for your employer and they should show their appreciation by paying you the way that they are supposed to.

Another common violation occurs often in restaurants. Employers paying servers or waiters have the option of paying such employees a lower minimum wage due to the absent amount being replaced by tip money. The problem with this is that some employers don't allow serving employees to keep all of their tip money. Some employers require servers to split tip money with other employees such as bar tenders, bus boys, or dish washers and in other cases employers will make serving employees work for only tip money. Both of these situations are in violation of the Fair Labor Standards Act and should immediately be reported. It is unlawful for an employer to take advantage of their employees in order better their own personal situation. Employees should not stand for this. If you are in this situation you should contact your local labor board and alert them to your employers actions.

Finally, another common violation is not giving employees proper breaks. Many businesses or establishments are required to give their workers half hour breaks if they work 8 hours or more and 5 - 20 minutes breaks for those that work less than 8 hours. In some cases employers are even required to pay for certain breaks. You should find out what the guidelines are for your particular job so that you can be sure you're being treated fairly. No employee deserves to work in conditions any less than fair so if you are do something about it right away.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   Children and Women Labor Law   

New York Wage and Hour Law

Wage and hour law in New York differs from Federal labor laws in a few key ways. The state of New York has certain labor laws in place to protect the rights of employees above and beyond the general U.S. standards as outlined in the Fair Labor Standards Act (FLSA). Individuals who have not received treatment in accordance with NY state law may be entitled to back wages and should contact a New York wage and hour attorney for assistance.

Minimum Wage Law in New York

Though the minimum wage in New York is the same as the Federal minimum wage ($7.25 an hour), there are a few provisions for New Yorkers that the Fair Labor Standards Act (FLSA) does not guarantee.

For one, New York employees that are required to wear a uniform cannot have the cost of purchasing and maintaining that uniform cancel out their minimum wage. That is, if the cost and maintenance of the uniform brings their wages below $7.25 an hour, the employer must cover the expenses. That means any employee currently making minimum wage cannot be required to purchase a uniform him or herself. This, however, generally does not include the "black pants, white shirt" dress code many restaurants use.

New York Overtime Pay

As stated in the FLSA, most employees working in excess of 40 hours in a single workweek must be paid time-and-a-half for the overtime. Yet, while that document excludes live-in (or "residential") employees, New York overtime law guarantees them overtime as well, provided they work over 44 hours in a workweek. All employers are to keep records of the hours and pay rates of their employees, including in-house workers.

Overtime pay is a legal right of employees who are considered non-exempt by Federal and New York employment law. New York employees who have been denied overtime that is owed to them may be entitled to back wages to make up for the money they have earned, but not been paid. Under the protection of law, these employees may take legal action to recover the earnings they have lost.

Meal Time, Breaks, and Labor Law

In New York, all employees meeting certain shift requirements are owed an uninterrupted meal period. If a worker's shift lasts at least six hours, begins before 11 am and ends at 2 pm or afterward, he or she is entitled to a 30-minute break. Employees employed by or in connection to a factory are entitled to a 60-minute lunch between 11 am and 2 pm.

Any breaks under 20 minutes must be compensated as work hours, including overtime, if applicable. More provisions and exceptions are outlined at the NYS Department of Labor website.

Visit IQ Overtime for more New York Wage and Hour law information, or to contact a New York labor law attorney to review your claim.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   

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