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Time Business News
29-05-2025
- Health
- Time Business News
Understanding Pregnancy Discrimination and Your Rights in New Jersey
Welcoming a child into the world should be a joyful and exciting time—not one overshadowed by fear of losing your job or being treated unfairly at work. Unfortunately, many women in New Jersey still face discrimination in the workplace due to pregnancy, childbirth, or related medical conditions. At NJ Employment Lawyers, LLC, we advocate for the rights of working mothers and expectant employees. If your employer has denied accommodations, treated you differently, or retaliated against you because of your pregnancy, you may have a legal claim for pregnancy discrimination. Pregnancy discrimination is a form of unlawful employment discrimination that occurs when an employee or job applicant is treated unfavorably due to pregnancy, childbirth, or a related medical condition. It can take many forms, including: Refusing to hire or promote a pregnant person Reducing work hours or responsibilities after learning of a pregnancy Forcing an employee to take leave even though they are able and willing to work Failing to provide reasonable accommodations, such as modified tasks or schedules Firing or disciplining someone for taking maternity or family leave Such conduct is prohibited under both the federal Pregnancy Discrimination Act (PDA) and the New Jersey Law Against Discrimination (NJLAD). In New Jersey, employers are required to provide reasonable accommodations for pregnant employees, including changes to job duties or work schedules when medically advised. These accommodations might include: Allowing more frequent breaks Light-duty assignments Temporary transfers to less hazardous roles Time off to recover from childbirth Employers may not retaliate against an employee for requesting accommodations. Denying these requests without justification may constitute discrimination. Employees in New Jersey may qualify for job-protected leave under multiple statutes, including: Family and Medical Leave Act (FMLA) – Up to 12 weeks of unpaid, job-protected leave for childbirth and bonding with a new child. – Up to 12 weeks of unpaid, job-protected leave for childbirth and bonding with a new child. New Jersey Family Leave Act (NJFLA) – Similar protections for bonding leave, often usable consecutively with FMLA. – Similar protections for bonding leave, often usable consecutively with FMLA. New Jersey Temporary Disability Benefits – Provides partial wage replacement during pregnancy and recovery. – Provides partial wage replacement during pregnancy and recovery. New Jersey Family Leave Insurance (FLI) – Pays a portion of wages while bonding with a newborn or caring for a family member. If your employer discourages, penalizes, or terminates you for using these leave entitlements, that may be grounds for legal action. Wondering if you've experienced pregnancy discrimination? Some red flags include: A sudden change in your performance reviews after announcing your pregnancy Exclusion from meetings, training, or advancement opportunities Being told your pregnancy will 'interfere' with your duties Discipline or job loss shortly after taking maternity leave Each of these may be more than just poor treatment—they could be legal violations under state and federal law. We understand how emotionally and financially stressful pregnancy discrimination can be. Our attorneys at NJ Employment Lawyers, LLC will take the time to understand your experience, gather evidence, and fight for the compensation and accountability you deserve. We've successfully handled cases involving layoffs during maternity leave, denied accommodations, and retaliation for using family leave. Whether through settlement negotiations or courtroom litigation, we work tirelessly to protect your rights and restore your peace of mind. If you're experiencing pregnancy discrimination in New Jersey, you don't have to face it alone. Reach out to our team today to take the first step toward justice. Address:101 Eisenhower Pkwy #300 Roseland, NJ 07068 Phone: (973) 358-7027 About Us: NJ Employment Lawyers, LLC represents employees across New Jersey in pregnancy discrimination, wrongful termination, retaliation, and other employment law matters. We are proud to defend the rights of working parents every day. TIME BUSINESS NEWS
Yahoo
29-05-2025
- Business
- Yahoo
Knowing when it's time to talk to an employment attorney
When a workplace-related issue arises, you may need an employment attorney for legal advice. But when is it appropriate to reach out? Employment lawyers provide legal counsel to employers and employees facing workplace-related issues. They offer a wide range of services, including helping clients navigate state and federal employment law, ensuring businesses are legally compliant, drafting employment contracts, investigating employment disputes, and litigating disputes. But how do you know when it's a good time to talk to an employment attorney for your own employment-related issues? Below, LegalZoom unpacks everything you need to know about employment attorneys, when to contact them for legal advice, and how to hire the right one for your circumstances. There are basically two types of employment attorneys. One type focuses on plaintiffs or employees—sometimes referred to as an employment discrimination attorney, employment rights attorney, or federal employment attorney—and the other focuses on defendants or employers—also known as management attorneys. Usually, an employment attorney either focuses on one side or the other, but there are some attorneys who will take clients from either side. An employment lawyer can help employers and employees work together to reach a resolution in the event of a problem. If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to consult an employment lawyer who can explain both sides' rights and duties. 'An employment attorney deals with any aspect of employment,' says attorney and shareholder Mark Levitt of Allen, Norton, and Blue. 'That could be discrimination, wage equality, hour allotment issues, creating new employee handbooks and codes of conduct, safety issues under the Occupational Safety and Health Act, or just about anything related to employment.' In short, this kind of attorney helps ensure that employers comply with employment laws and that employees are treated fairly. Here is what an employment attorney can do for you: Gives legal advice Employment lawyers provide legal counsel on rights and responsibilities outlined in federal and state employment legislation, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). They help employees determine if their rights were violated and decide whether or not to pursue legal action. They also provide legal advice to employers who have claims filed against them and work to investigate, negotiate, and resolve the complaints. Creates employee handbooks and agreements Legal experts in employment issues draft and review employee handbooks and workplace safety policies to ensure they comply with labor laws and regulations. Negotiates and reviews employment contracts These lawyers negotiate, write, and review employment contracts and independent contractor agreements to ensure the terms are legal and fair. This involves examining the terms and conditions outlined in severance contracts, non-compete and non-disclosure agreements, and executive compensation packages. Advises on independent contractors In addition to helping employers draft independent contractor agreements, lawyers help ensure contractors understand how they're classified and how their contractor rights may differ from employee rights. Monitors regulatory compliance Employment lawyers help businesses comply with labor and employment regulations and state and federal employment law, helping prevent noncompliance issues that could otherwise lead to litigation. Aids with litigation and administrative proceedings Employment lawyers represent employees and employers in court during employment litigation and before employment-related boards and agencies, such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB). Provides representation in disputes During court proceedings, lawyers represent their clients and work to resolve disputes related to discrimination, harassment, wrongful termination, breaches of contract, wage and hour issues, and other violations of state and federal labor laws. They also negotiate on behalf of their clients' interests on potential settlement of legal claims. The unfortunate truth is that layoffs are a recurring theme in business, especially during economic downturns. Layoff data from the U.S. Bureau of Labor Statistics (BLS) illustrates this best—widespread job cuts in the private sector followed the dot-com crash in 2001, the financial crisis in 2008–2009, and the 2020 pandemic in dramatic fashion. Today, many businesses are once again under pressure to cut costs—whether due to shifting trade and tariff policies, supply chain disruptions, or persistent inflation. As in the past, economic pressures like these often lead companies to reduce staff. That said, not all layoffs are legally permissible. Most private-sector employees work at-will, meaning they can be let go for almost any reason. But even in at-will employment, there are limits. Some layoffs may still constitute wrongful termination if they involve the following: Breaches of contract, such as violating employment terms, withholding agreed-upon severance payments, or failing to follow standard disciplinary procedures. Employment law violations, including terminations based on discrimination, harassment, retaliation, or targeting of protected classes. If you believe your layoff was the result of one of these issues, it might be time to speak with an employment lawyer. Before you meet with one, it helps to gather any documentation that can support your case, such as written communications from your employer, your employment contract, the employee handbook, and a layoff notice. Federal employees can work with employment attorneys—and in many cases, they should. Layoffs in the federal workforce, formally known as reduction-in-force (RIF), are handled very differently than layoffs in the private sector. Federal agencies group employees by location and job type, then rank them using factors like tenure, military service, and recent performance to determine who stays and who is let go. Because of these complex procedures, it makes sense to at least meet with an employment attorney for a consultation. Many offer free initial meetings, which can help you understand your legal standing and whether you may have a valid claim. It's also important to act quickly—if you believe the agency failed to follow RIF regulations, you only have 30 days to file an appeal with the Merit Systems Protection Board (MSPB). With so many variables at play, an attorney can help you decide how to move forward and protect your rights in the process. As an employer, there are times when you might need a consultation with an employment attorney regarding your business or employees. This might involve having your lawyer review your business to ensure it's compliant with state and federal laws and to help prevent legal issues from arising in the first place. In other cases, you may want a lawyer's advice and counsel when a workplace-related issue arises, like if a former employee claims they experienced wrongful termination or sexual harassment at your workplace. It's also important to stay in regular contact with a lawyer along the way to ask questions, get clarification, and ensure your business is on the right track. Some instances when you, as an employer, may want to consult with an employment lawyer include the following: Writing your employee handbook: You need help ensuring your handbook is compliant. Drafting employment agreements: You want employment contracts, non-compete clauses, and severance agreements that comply with legal standards. Compliance with labor laws: Your business needs to be compliant with employment laws. Handling employee disputes: You need legal guidance when dealing with issues like workplace discrimination, sexual harassment, and employee rights. Workplace investigations: You're investigating allegations of misconduct or harassment within or against your workplace. Legal representation: You need legal representation during court or board proceedings. Training management: You're training managers and your HR department on legal compliance, best practices, and appropriate hiring and firing procedures. Restructuring your business: You need legal advice during mergers, layoffs, acquisitions, and divestments. Protecting information: You need to ensure your business' confidential and proprietary information stays private. For a real-world example: Let's say you want to seek legal advice from your employment lawyer concerning an age discrimination claim a former employee has filed against your business. In this example, your lawyer will review the claim, evaluate the evidence and circumstances, and provide advice on how to mitigate the situation. If the claim should proceed to court, then your lawyer can represent you and help resolve the dispute. Whether you're an employer looking to create legally compliant documents or facing an employee complaint, it's never too early to seek advice from a lawyer. In fact, as an employer, staying in regular contact with a lawyer can be extremely beneficial, as it can help ensure you're in a good position to address any current or future claims against you. As an employee, you may find yourself in a situation where you'd like to meet with an attorney to discuss your legal options. An employment attorney can help you navigate the laws, determine if your employee rights were violated, and decide whether further action is necessary. This might involve exhausting internal remedies or ultimately filing a claim against your employer, workplace, or another employee. The following are some examples of when an employee may turn to an employment attorney for help: Wrongful termination: You believe you were fired without a valid reason, or the reason given violates employee protection laws. Discrimination: You faced unfair treatment at your workplace due to a protected characteristic, such as your age, disability, religion, race, gender, or sexual orientation. Harassment: You endured sexual harassment or a hostile work environment. Wage and hour issues: You dealt with wage and hour issues that violated the Fair Labor Standards Act (FLSA), such as not receiving overtime pay or being denied unpaid meal breaks. Retaliation: You experienced retaliation, such as a demotion, after whistleblowing or filing a complaint, which are legally protected actions. Unsafe work conditions: You are concerned your workplace is in violation of the Occupational Safety and Health Act (OSHA). Contract disputes: You would like clarification or help with disputing the terms in one of your workplace documents, such as your employment contract or confidentiality agreement. Leave issues: You faced challenges when taking or returning from legally protected leave. If you're unsure whether your situation warrants legal action, consider scheduling a consultation with an employment lawyer to gain clarity. Let's look at a real-world example: You think you were unfairly treated at your job due to your sexual orientation. Perhaps your boss overlooked you for a promotion several times despite your excellent performance record, and that's coupled with comments from other employees or superiors about LGBTQ+ people or you personally. Because your sexual orientation is a protected class (along with other characteristics, like your national origin, age, gender, and religion) your attorney will review the facts and determine whether promotion discrimination was at play. If there is evidence you did face discrimination, your lawyer will help you take the appropriate legal action and file a workplace discrimination claim. Another scenario in which you, as an employee, might want to reach out to an employment law firm is if you've faced challenges associated with legally protected leave. For instance, if you were fired after taking medical leave for a serious health condition. The Family and Medical Leave Act (FMLA) provides job-protected leave for employees with medical conditions that make them unable to work, meaning your workplace cannot terminate you due to your inability to work. Therefore, you would want to schedule a consultation with an employment lawyer to determine if your workplace wrongly terminated you in violation of the FMLA. We've provided some examples of scenarios that might require an employee to consult with a lawyer, but at what point should an employee reach out? An employee should seek legal advice when they perceive an issue and no solution is provided by their employer. However, you don't necessarily need to hire a lawyer right off the bat. You can take other avenues, such as contacting the EEOC, which will investigate your claim and help determine if you have sufficient evidence. Based on the results of the investigation, the EEOC may offer further guidance or recommend that you hire an attorney. However, regardless of the EEOC's findings, you are welcome (and encouraged) to seek legal counsel at any time. A big part of choosing an appropriate employment lawyer involves doing your homework. Research their professional background to ensure they have the skills, knowledge, significant experience, and expertise to address your situation. Consider seeking out a lawyer with a specialization in your particular area of concern. So, what should you look for when hiring an employment lawyer? Consider some of the following: Licensed. Is the lawyer licensed and in good standing in the state where you live or work? Experience. How many years have they been practicing? And have they taken on employment law cases like yours before? Areas of expertise. Do they specialize in the area where you need legal guidance? Track record. What does their professional history look like? Have they been involved in any ethical violations or disciplinary matters? Reputation. What are other lawyers and previous clients saying about their experiences working with this lawyer? Personality. Do you feel comfortable working with this lawyer, and can you effectively communicate with each other? Legal fees. What is their legal fee structure? Can you afford the fees, and are you aware of any hidden or unexpected charges associated with hiring them? From reviewing testimonials to assessing their communication style, take the time to ask questions and determine if a particular lawyer is the right fit for you. As an employee, there are a few things you can do to protect yourself and prepare for meeting with an employment lawyer. Document everything Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action. This means capturing emails, screenshots, Slack messages, or anything that can help an employee make a case that a violation or breach occurred. Know the code As an employee, your employment terms and rule of engagement are clearly outlined in the documents you signed the day (or day before) you become an employee of the firm. It is incredibly important to make sure you are firmly aware of the employee code so that you know when a violation has occurred. Follow protocol The quickest way to undermine your own case is to not follow the proper standard operating procedures that your firm has in place when a violation occurs. Most companies have a strict mandate in place that a violation must be followed up on by an investigative board. That requires the employee to file a complaint with HR before involving outside sources. If your company has this policy, you'll want to follow it to the letter to ensure you are still entitled to litigation if all other avenues are exhausted. There are a plethora of labor laws an employer could easily violate unknowingly, and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney. Here are other ways employers can help protect themselves: Codify rules and culture 'Even very small companies should have an employment handbook,â' Levitt cautions. 'It should have policies and rules in place for equal opportunity employment. The handbook should clearly address how employees can register a complaint with the company or file grievances over discrimination. At that point, every employer has the duty to investigate and determine whether or not there was unlawful conduct.' Practice what you preach Many business owners and leaders have failed because they did not treat all employees equally. You must use the rulebook that you wrote as a strict living document that governs how each employee engages with you, how you engage with them, and how they engage with each other. Leave nothing to chance As a company owner or leader, your actions are visible to everyone. Maintain an open door policy. Document your communications so there is no misunderstanding and workplace policies can be referenced with clarity. Navigate termination effectively If you have to terminate, do it with an employee termination letter drafted by experts. Do not attempt to navigate the hoops of terminating an employee legally by yourself. This can raise risks that you will be unlikely to mitigate in the future. Still have questions regarding employment lawyers? Check out some answers to some frequently asked questions below: When is the best time to seek advice? 'As soon as an employee believes something is wrong and no remedy is forthcoming from the employer is the best time to seek out advice,' Levitt says. As soon as you experience a workplace-related issue, reach out to a lawyer for advice. In addition, depending on the concern, the Equal Employment Opportunity Commission (EEOC) may be able to help investigate the issue and provide additional guidance. How much does an employment attorney cost? The cost of hiring an employment attorney will depend on various factors, such as the specific lawyer, the law firm they work for, their level of expertise, and how long they've been in business. Some lawyers work on a contingency basis, which means the outcome of the case determines how much they get paid. For example, if they win the case, they'll earn a percentage of what their client receives, but if they lose, they won't get paid. Meanwhile, other lawyers charge hourly fees, ranging anywhere from around $250 to more than $1,000 an hour, and may require a retainer. Can freelancers consult an employment lawyer? Yes, freelancers can consult with employment lawyers. However, it's important to understand that freelance contractors or independent contractors are self-employed and treated as their own businesses, so they are not considered employees. This means they do not share the same rights as employees under certain employment and labor laws. It is strongly recommended to make sure you have a robust attorney-drafted independent contractor agreement in place before you take on new work. If these terms or the terms of federal law are violated, an independent contractor should reach out to an attorney. This will help you in the event of nonpayment or even termination without just cause. What are the potential outcomes of an employment dispute case? Each case is unique, but there are generally a few ways things could go. For one, the court could dismiss the claims and throw out the case before it ever goes to trial. Or both parties could agree to a settlement to resolve the case outside of court. Another potential outcome is that one party is found liable and is responsible for the damages, such as paying compensation, or the party is not found liable and not responsible for any damages. What can employers and employees do to protect themselves? Employers should create an employee handbook containing policies and rules for equal opportunity employment. The handbook should clearly address how employees can register a complaint with the company or file grievances over discrimination. At that point, every employer has the duty to investigate and determine whether or not there was unlawful conduct, which is where consulting an experienced employer defense attorney can provide invaluable guidance and legal support. As for employees, they should review their employment documents, familiarize themselves with their employee rights, and keep records of any instances of misconduct. If a workplace incident does occur, they should report it to their employer and request a consultation with the EEOC and/or an attorney. Can an employer be forced to rehire a laid-off employee? In most cases, no. If the original layoff wasn't wrongful, there's generally no legal reason that would force an employer to rehire a laid-off employee. Because most employment is at-will, employers usually aren't required to provide a reason for hiring (or not rehiring). However, in some cases, union contracts or collective bargaining agreements may require employers to offer rehire opportunities to former employees before recruiting new hires. If you're unsure whether your employer should be obligated to rehire you, it's best to contact an employment attorney for advice. Diane Faulkner and Chloe Packard contributed to this article. This story was produced by LegalZoom and reviewed and distributed by Stacker.
Miami Herald
29-05-2025
- Business
- Miami Herald
Knowing when it's time to talk to an employment attorney
Knowing when it's time to talk to an employment attorney When a workplace-related issue arises, you may need an employment attorney for legal advice. But when is it appropriate to reach out? Employment lawyers provide legal counsel to employers and employees facing workplace-related issues. They offer a wide range of services, including helping clients navigate state and federal employment law, ensuring businesses are legally compliant, drafting employment contracts, investigating employment disputes, and litigating disputes. But how do you know when it's a good time to talk to an employment attorney for your own employment-related issues? Below, LegalZoom unpacks everything you need to know about employment attorneys, when to contact them for legal advice, and how to hire the right one for your circumstances. What is an employment attorney? There are basically two types of employment attorneys. One type focuses on plaintiffs or employees-sometimes referred to as an employment discrimination attorney, employment rights attorney, or federal employment attorney-and the other focuses on defendants or employers-also known as management attorneys. Usually, an employment attorney either focuses on one side or the other, but there are some attorneys who will take clients from either side. What does an employment attorney do? An employment lawyer can help employers and employees work together to reach a resolution in the event of a problem. If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to consult an employment lawyer who can explain both sides' rights and duties. "An employment attorney deals with any aspect of employment," says attorney and shareholder Mark Levitt of Allen, Norton, and Blue. "That could be discrimination, wage equality, hour allotment issues, creating new employee handbooks and codes of conduct, safety issues under the Occupational Safety and Health Act, or just about anything related to employment." In short, this kind of attorney helps ensure that employers comply with employment laws and that employees are treated fairly. Here is what an employment attorney can do for you: Gives legal advice Employment lawyers provide legal counsel on rights and responsibilities outlined in federal and state employment legislation, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). They help employees determine if their rights were violated and decide whether or not to pursue legal action. They also provide legal advice to employers who have claims filed against them and work to investigate, negotiate, and resolve the complaints. Creates employee handbooks and agreements Legal experts in employment issues draft and review employee handbooks and workplace safety policies to ensure they comply with labor laws and regulations. Negotiates and reviews employment contracts These lawyers negotiate, write, and review employment contracts and independent contractor agreements to ensure the terms are legal and fair. This involves examining the terms and conditions outlined in severance contracts, non-compete and non-disclosure agreements, and executive compensation packages. Advises on independent contractors In addition to helping employers draft independent contractor agreements, lawyers help ensure contractors understand how they're classified and how their contractor rights may differ from employee rights. Monitors regulatory compliance Employment lawyers help businesses comply with labor and employment regulations and state and federal employment law, helping prevent noncompliance issues that could otherwise lead to litigation. Aids with litigation and administrative proceedings Employment lawyers represent employees and employers in court during employment litigation and before employment-related boards and agencies, such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB). Provides representation in disputes During court proceedings, lawyers represent their clients and work to resolve disputes related to discrimination, harassment, wrongful termination, breaches of contract, wage and hour issues, and other violations of state and federal labor laws. They also negotiate on behalf of their clients' interests on potential settlement of legal claims. Should you talk to an employment lawyer if you're laid off? The unfortunate truth is that layoffs are a recurring theme in business, especially during economic downturns. Layoff data from the U.S. Bureau of Labor Statistics (BLS) illustrates this best-widespread job cuts in the private sector followed the dot-com crash in 2001, the financial crisis in 2008–2009, and the 2020 pandemic in dramatic fashion. Today, many businesses are once again under pressure to cut costs-whether due to shifting trade and tariff policies, supply chain disruptions, or persistent inflation. As in the past, economic pressures like these often lead companies to reduce staff. That said, not all layoffs are legally permissible. Most private-sector employees work at-will, meaning they can be let go for almost any reason. But even in at-will employment, there are limits. Some layoffs may still constitute wrongful termination if they involve the following: Breaches of contract, such as violating employment terms, withholding agreed-upon severance payments, or failing to follow standard disciplinary law violations, including terminations based on discrimination, harassment, retaliation, or targeting of protected classes. If you believe your layoff was the result of one of these issues, it might be time to speak with an employment lawyer. Before you meet with one, it helps to gather any documentation that can support your case, such as written communications from your employer, your employment contract, the employee handbook, and a layoff notice. Can federal employees work with employment attorneys? Federal employees can work with employment attorneys-and in many cases, they should. Layoffs in the federal workforce, formally known as reduction-in-force (RIF), are handled very differently than layoffs in the private sector. Federal agencies group employees by location and job type, then rank them using factors like tenure, military service, and recent performance to determine who stays and who is let go. Because of these complex procedures, it makes sense to at least meet with an employment attorney for a consultation. Many offer free initial meetings, which can help you understand your legal standing and whether you may have a valid claim. It's also important to act quickly-if you believe the agency failed to follow RIF regulations, you only have 30 days to file an appeal with the Merit Systems Protection Board (MSPB). With so many variables at play, an attorney can help you decide how to move forward and protect your rights in the process. How an employment attorney can help employers As an employer, there are times when you might need a consultation with an employment attorney regarding your business or employees. This might involve having your lawyer review your business to ensure it's compliant with state and federal laws and to help prevent legal issues from arising in the first place. In other cases, you may want a lawyer's advice and counsel when a workplace-related issue arises, like if a former employee claims they experienced wrongful termination or sexual harassment at your workplace. It's also important to stay in regular contact with a lawyer along the way to ask questions, get clarification, and ensure your business is on the right track. Some instances when you, as an employer, may want to consult with an employment lawyer include the following: Writing your employee handbook: You need help ensuring your handbook is employment agreements: You want employment contracts, non-compete clauses, and severance agreements that comply with legal with labor laws: Your business needs to be compliant with employment employee disputes: You need legal guidance when dealing with issues like workplace discrimination, sexual harassment, and employee investigations: You're investigating allegations of misconduct or harassment within or against your representation: You need legal representation during court or board management: You're training managers and your HR department on legal compliance, best practices, and appropriate hiring and firing your business: You need legal advice during mergers, layoffs, acquisitions, and information: You need to ensure your business' confidential and proprietary information stays private. For a real-world example: Let's say you want to seek legal advice from your employment lawyer concerning an age discrimination claim a former employee has filed against your business. In this example, your lawyer will review the claim, evaluate the evidence and circumstances, and provide advice on how to mitigate the situation. If the claim should proceed to court, then your lawyer can represent you and help resolve the dispute. The right time for an employer to contact an employment law attorney Whether you're an employer looking to create legally compliant documents or facing an employee complaint, it's never too early to seek advice from a lawyer. In fact, as an employer, staying in regular contact with a lawyer can be extremely beneficial, as it can help ensure you're in a good position to address any current or future claims against you. How an employment attorney can help employees As an employee, you may find yourself in a situation where you'd like to meet with an attorney to discuss your legal options. An employment attorney can help you navigate the laws, determine if your employee rights were violated, and decide whether further action is necessary. This might involve exhausting internal remedies or ultimately filing a claim against your employer, workplace, or another employee. The following are some examples of when an employee may turn to an employment attorney for help: Wrongful termination: You believe you were fired without a valid reason, or the reason given violates employee protection You faced unfair treatment at your workplace due to a protected characteristic, such as your age, disability, religion, race, gender, or sexual You endured sexual harassment or a hostile work and hour issues: You dealt with wage and hour issues that violated the Fair Labor Standards Act (FLSA), such as not receiving overtime pay or being denied unpaid meal You experienced retaliation, such as a demotion, after whistleblowing or filing a complaint, which are legally protected work conditions: You are concerned your workplace is in violation of the Occupational Safety and Health Act (OSHA).Contract disputes: You would like clarification or help with disputing the terms in one of your workplace documents, such as your employment contract or confidentiality issues: You faced challenges when taking or returning from legally protected leave. If you're unsure whether your situation warrants legal action, consider scheduling a consultation with an employment lawyer to gain clarity. Let's look at a real-world example: You think you were unfairly treated at your job due to your sexual orientation. Perhaps your boss overlooked you for a promotion several times despite your excellent performance record, and that's coupled with comments from other employees or superiors about LGBTQ+ people or you personally. Because your sexual orientation is a protected class (along with other characteristics, like your national origin, age, gender, and religion) your attorney will review the facts and determine whether promotion discrimination was at play. If there is evidence you did face discrimination, your lawyer will help you take the appropriate legal action and file a workplace discrimination claim. Another scenario in which you, as an employee, might want to reach out to an employment law firm is if you've faced challenges associated with legally protected leave. For instance, if you were fired after taking medical leave for a serious health condition. The Family and Medical Leave Act (FMLA) provides job-protected leave for employees with medical conditions that make them unable to work, meaning your workplace cannot terminate you due to your inability to work. Therefore, you would want to schedule a consultation with an employment lawyer to determine if your workplace wrongly terminated you in violation of the FMLA. The right time for an employee to contact an employment law attorney We've provided some examples of scenarios that might require an employee to consult with a lawyer, but at what point should an employee reach out? An employee should seek legal advice when they perceive an issue and no solution is provided by their employer. However, you don't necessarily need to hire a lawyer right off the bat. You can take other avenues, such as contacting the EEOC, which will investigate your claim and help determine if you have sufficient evidence. Based on the results of the investigation, the EEOC may offer further guidance or recommend that you hire an attorney. However, regardless of the EEOC's findings, you are welcome (and encouraged) to seek legal counsel at any time. Choosing the right employment lawyer A big part of choosing an appropriate employment lawyer involves doing your homework. Research their professional background to ensure they have the skills, knowledge, significant experience, and expertise to address your situation. Consider seeking out a lawyer with a specialization in your particular area of concern. So, what should you look for when hiring an employment lawyer? Consider some of the following: Licensed. Is the lawyer licensed and in good standing in the state where you live or work?Experience. How many years have they been practicing? And have they taken on employment law cases like yours before?Areas of expertise. Do they specialize in the area where you need legal guidance?Track record. What does their professional history look like? Have they been involved in any ethical violations or disciplinary matters?Reputation. What are other lawyers and previous clients saying about their experiences working with this lawyer?Personality. Do you feel comfortable working with this lawyer, and can you effectively communicate with each other?Legal fees. What is their legal fee structure? Can you afford the fees, and are you aware of any hidden or unexpected charges associated with hiring them? From reviewing testimonials to assessing their communication style, take the time to ask questions and determine if a particular lawyer is the right fit for you. What can employees do to protect themselves? As an employee, there are a few things you can do to protect yourself and prepare for meeting with an employment lawyer. Document everything Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action. This means capturing emails, screenshots, Slack messages, or anything that can help an employee make a case that a violation or breach occurred. Know the code As an employee, your employment terms and rule of engagement are clearly outlined in the documents you signed the day (or day before) you become an employee of the firm. It is incredibly important to make sure you are firmly aware of the employee code so that you know when a violation has occurred. Follow protocol The quickest way to undermine your own case is to not follow the proper standard operating procedures that your firm has in place when a violation occurs. Most companies have a strict mandate in place that a violation must be followed up on by an investigative board. That requires the employee to file a complaint with HR before involving outside sources. If your company has this policy, you'll want to follow it to the letter to ensure you are still entitled to litigation if all other avenues are exhausted. What can employers do to protect themselves? There are a plethora of labor laws an employer could easily violate unknowingly, and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney. Here are other ways employers can help protect themselves: Codify rules and culture "Even very small companies should have an employment handbook,â" Levitt cautions. "It should have policies and rules in place for equal opportunity employment. The handbook should clearly address how employees can register a complaint with the company or file grievances over discrimination. At that point, every employer has the duty to investigate and determine whether or not there was unlawful conduct." Practice what you preach Many business owners and leaders have failed because they did not treat all employees equally. You must use the rulebook that you wrote as a strict living document that governs how each employee engages with you, how you engage with them, and how they engage with each other. Leave nothing to chance As a company owner or leader, your actions are visible to everyone. Maintain an open door policy. Document your communications so there is no misunderstanding and workplace policies can be referenced with clarity. Navigate termination effectively If you have to terminate, do it with an employee termination letter drafted by experts. Do not attempt to navigate the hoops of terminating an employee legally by yourself. This can raise risks that you will be unlikely to mitigate in the future. FAQs Still have questions regarding employment lawyers? Check out some answers to some frequently asked questions below: When is the best time to seek advice? "As soon as an employee believes something is wrong and no remedy is forthcoming from the employer is the best time to seek out advice," Levitt says. As soon as you experience a workplace-related issue, reach out to a lawyer for advice. In addition, depending on the concern, the Equal Employment Opportunity Commission (EEOC) may be able to help investigate the issue and provide additional guidance. How much does an employment attorney cost? The cost of hiring an employment attorney will depend on various factors, such as the specific lawyer, the law firm they work for, their level of expertise, and how long they've been in business. Some lawyers work on a contingency basis, which means the outcome of the case determines how much they get paid. For example, if they win the case, they'll earn a percentage of what their client receives, but if they lose, they won't get paid. Meanwhile, other lawyers charge hourly fees, ranging anywhere from around $250 to more than $1,000 an hour, and may require a retainer. Can freelancers consult an employment lawyer? Yes, freelancers can consult with employment lawyers. However, it's important to understand that freelance contractors or independent contractors are self-employed and treated as their own businesses, so they are not considered employees. This means they do not share the same rights as employees under certain employment and labor laws. It is strongly recommended to make sure you have a robust attorney-drafted independent contractor agreement in place before you take on new work. If these terms or the terms of federal law are violated, an independent contractor should reach out to an attorney. This will help you in the event of nonpayment or even termination without just cause. What are the potential outcomes of an employment dispute case? Each case is unique, but there are generally a few ways things could go. For one, the court could dismiss the claims and throw out the case before it ever goes to trial. Or both parties could agree to a settlement to resolve the case outside of court. Another potential outcome is that one party is found liable and is responsible for the damages, such as paying compensation, or the party is not found liable and not responsible for any damages. What can employers and employees do to protect themselves? Employers should create an employee handbook containing policies and rules for equal opportunity employment. The handbook should clearly address how employees can register a complaint with the company or file grievances over discrimination. At that point, every employer has the duty to investigate and determine whether or not there was unlawful conduct, which is where consulting an experienced employer defense attorney can provide invaluable guidance and legal support. As for employees, they should review their employment documents, familiarize themselves with their employee rights, and keep records of any instances of misconduct. If a workplace incident does occur, they should report it to their employer and request a consultation with the EEOC and/or an attorney. Can an employer be forced to rehire a laid-off employee? In most cases, no. If the original layoff wasn't wrongful, there's generally no legal reason that would force an employer to rehire a laid-off employee. Because most employment is at-will, employers usually aren't required to provide a reason for hiring (or not rehiring). However, in some cases, union contracts or collective bargaining agreements may require employers to offer rehire opportunities to former employees before recruiting new hires. If you're unsure whether your employer should be obligated to rehire you, it's best to contact an employment attorney for advice. Diane Faulkner and Chloe Packard contributed to this article. This story was produced by LegalZoom and reviewed and distributed by Stacker. © Stacker Media, LLC.
Yahoo
19-05-2025
- Health
- Yahoo
The Coalition to Transform Clinical Trial Engagement Launches National 'Champions for Change – PTO Initiative' to Expand Access to Clinical Trials for Working Patients with 7 Corporate and Non-Profit Members
CHICAGO, May 19, 2025 (GLOBE NEWSWIRE) -- In recognition of Clinical Trials Day, the Coalition to Transform Clinical Trial Engagement (CTCTE) proudly announces the launch of the Champions for Change – Paid Time Off (PTO) Initiative, a national effort to reduce job-related barriers to clinical trial participation by partnering with employers to provide paid time off (PTO) for employees enrolling in trials. Launched in 2024 and led by the Foundation for Sarcoidosis Research (FSR), CTCTE is now a 36-member collaborative of patients, clinicians, medical societies, patient advocacy organizations, and industry, committed to increasing engagement in clinical trials by reducing key barriers reported by patients with chronic conditions. The Champions for Change – PTO Initiative emerged from this coalition as part of its national strategic plan to address workplace-related obstacles. This initiative builds off FSR's and the CTCTE's efforts which resulted in a requested letter from the Department of Labor (DOL) providing clarity that employees who enroll in clinical trials and family caregivers supporting those enrolled in clinical trials, are protected under the Family Medical Leave Act (FMLA). By working with Human Resources departments, FSR and the CTCTE are encouraging companies across America to provide at least one paid day off for clinical trial participation as a benefit for their employees. 'By giving employees paid time off to participate in clinical trials, companies have the power to promote clinical trial access and participation for employees, accelerate medical breakthroughs, and save lives for current and future generations. This is more than a benefit---it's a bold and necessary commitment to humanity and a powerful way for corporate America to lead with united purpose,' said Mary McGowan, President and CEO of the Foundation for Sarcoidosis Research. 'We know that getting clarity of FMLA protections for clinical trial participants and their support system, is an important step to making clinical trial participation an option for all patients who wish to participate. This initiative allows us to expand that conversation from the doctor's office to corporate America.' Clinical trials drive medical innovation and often offer patients access to better treatment options. Yet those who could benefit most are frequently left out due to systemic barriers that make participation too costly. According to FSR's IRB-approved survey of Black patients with sarcoidosis, limited paid time off, inflexible work schedules, and income loss from missed work were cited as barriers to joining or completing a clinical trial. Other regional and national studies have come to the same conclusion about job-related barriers contributing to lower enrollment and retention – especially among underserved communities. These burdens lead to exclusion from trials, which not only harms the communities most impacted by chronic conditions but also jeopardizes the clinical trials enterprise by failing to include patients from all backgrounds—limiting what we learn about potential treatments.1 2 ________________________________ 1 National Academies of Sciences, Engineering, and Medicine. (2022). Improving representation in clinical trials and research: Building research equity for women and underrepresented groups. The National Academies Press.2 Craig, L. S., Sarpong, D. F., Peacock, E. M., & Theall, K. P. (2023). Clinical trial participation among underserved communities: Insights from the Louisiana Community Engagement Alliance. The American Journal of the Medical Sciences, 366(6), 324–332. 'As the President and CEO of a mid-size health-focused non-profit, I am acutely aware that the health of my employees is essential to the success of our organization. By providing my employees with time off for clinical trial participation, I not only signal to my employees that I care about them and their health and wellbeing, but it also starts the conversation at the workplace about the power of clinical trial participation to advance the development of better therapies and outcomes for all impacted by chronic diseases,' said McGowan. The initiative was first introduced in May of 2023 by FSR at a Congressional Briefing in response to barriers identified in FSR's 60-page white paper as part of a comprehensive roadmap to expand engagement of underrepresented communities in clinical trials. Last year, on clinical trials day, Mallinckrodt Pharmaceuticals became the first company to officially sign on to 'Champions for Change', leading the way for other companies to do the same. Today, the initiative goes public with seven national partners committed to championing change for clinical trials in the workplace. We're proud to recognize the founding members of the : American Thoracic Society, Diverse Research Now, Foundation for Sarcoidosis Research, Mallinckrodt Pharmaceuticals, Mural Health, Recursion, and Sabai Global. Each of these employers has committed to providing at least one day of paid time off for employees participating in clinical trials— demonstrating their leadership in expanding access and driving innovation in medical more information about the Champions for Change – PTO Initiative and how to join the Coalition to Transform Clinical Trial Engagement, visit The work of CTCTE is sponsored by Mallinckrodt Pharmaceuticals and supported by a Scientific Advancement Grant from Boehringer Ingelheim. About the Foundation for Sarcoidosis Research (FSR): The Foundation for Sarcoidosis Research is the leading international organization dedicated to finding a cure for sarcoidosis and improving care for sarcoidosis patients through research, education, and support. Since its establishment in 2000, FSR has fostered over $7.2 million in sarcoidosis-specific research efforts. Media Contact:Cathi DavisEmail: cathi@ 312-341-0500 A photo accompanying this announcement is available at
Forbes
11-05-2025
- Politics
- Forbes
Paid Family Leave And Parents Who Aren't Currently Being Helped
Not all parents are able to take paid family leave getty The ability to take time off to bond with a new child, care for a seriously ill relative or manage one's own health crisis without jeopardizing financial stability is undeniably beneficial. However, the current landscape of paid family leave policies in the United States, primarily a patchwork of state-level programs and employer-provided benefits, leaves many parents behind. Only 27 percent of U.S. workers have access to paid family leave through an employer and only 40 percent have access to short-term disability insurance. The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave; its limitations are significant. Strict eligibility requirements based on employer size, tenure and hours worked exclude a substantial portion of the workforce, particularly those in low-wage jobs, part-time positions, small businesses and freelancers. As more people in the U.S. are starting their own businesses, self-employed parents are growing in number – and need. As a self-employed mom, I was not able to take a full maternity leave when my daughter was born in 2022. Instead, I scaled back to part-time work for the first month after my daughter was born and then returned to my full-time workload when she was four weeks old. I appreciated the ability to work from home and have a flexible schedule to make this arrangement feasible, but other parents who are not currently covered by family leave policies are not as fortunate. Dawn Huckelbridge, director of Paid Leave for All, explained in an email interview, 'While the FMLA provides job-protected leave, it's unpaid and only covers employees at larger companies who have been there for at least a year. That leaves out millions of new parents who either can't afford to take unpaid time off or work for small businesses. I've seen workers forced to return to their jobs within days of childbirth or adoption because they simply couldn't afford the income gap, and the emotional and physical toll it takes is profound.' According to Huckelbridge, only one in four workers has access to paid family leave through their jobs. 'We are one of the only countries in the world that doesn't guarantee any form of paid leave for its people,' explains Huckelbridge. 'Fourteen states, including DC, have passed paid leave policies of their own, but we have nothing at the federal level.' Nearly one in four employed mothers have returned to work within two weeks of giving birth and one in five retirees have left the workforce earlier than planned to care for an ill family member. Even for those who are covered under FMLA's unpaid leave policy, within marginalized communities and lower-income families, parents are often unable to afford to take unpaid time off. The state-level paid family leave programs in states like California, New Jersey, Rhode Island, New York, Massachusetts, Connecticut, Oregon, Washington, Colorado, Maryland, Maine, Minnesota, Delaware and the District of Columbia offer a glimmer of hope. These programs provide partial wage replacement for eligible workers, making leave more financially viable. However, even these progressive initiatives create disparities, since not all workers are eligible. For example, eligibility for both FMLA and state paid family leave programs often hinges on meeting minimum work hour and tenure requirements, which disproportionately exclude low-wage workers and those in the increasingly prevalent gig economy. These individuals often lack employer-provided benefits and face greater job insecurity; the absence of portable benefits and the inconsistent nature of their employment create significant barriers to accessing any form of paid leave. Addressing these inequities would require a multi-pronged approach, including a federal mandate for comprehensive paid family leave, with inclusive eligibility criteria and adequate wage replacement. This would establish a baseline of support for all working parents, regardless of their employment circumstances or family structure. Existing state programs and employer policies could be reviewed and expanded to better accommodate the diverse needs of parents, like being more inclusive of modern family structures and allowing workers in the gig economy and those with non-traditional employment arrangements to accrue and access paid leave. Some progress has been made, including paid parental leave for federal workers. And now, there is an act in the works that would address many inequalities. The FAMILY Act, formally the Family and Medical Insurance Leave Act, is a proposed U.S. law that aims to create a national paid family and medical leave program. If enacted, it would provide the permanent right to paid, job-protected, comprehensive family and medical leave to most or all American workers. Huckelbridge shares, 'The FAMILY Act would reach the vast majority of those in the labor force who are providing caregiving to loved ones.' The act would provide an inclusive definition of family along with provisions for self-employed people. Huckelbridge continues, 'FAMILY would explicitly provide self-employed individuals with benefits on the same basis as employees. That means that the program would provide self-employed workers with cash makeup for lost income, which gives some flexibility to figure out how best to address their needs and those of their business.' Huckelbridge is optimistic about the FAMILY Act. 'Paid family leave is one of the most widely supported policies in the country, especially now — support is at record highs, across party lines and walks of life. It is a powerful tool for public health and economic growth, it encourages entrepreneurship and supports small businesses. It is about security and dignity. But ultimately, it is also about the most important moments of our lives — a baby's first smile, a parent's last breath. It is a reminder of what's most important, and it is the freedom to be present for it, something most of the world takes for granted.'
