Thursday, November 29, 2012

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.

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   

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.

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 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.

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?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   

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.

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   

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.

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?   Immigration Lawyers - What Are They Good for?   

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   

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