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employment law - employees Archives

What should I know about nursing breaks at work?

Federal law stipulates that new mothers must have time for nursing breaks at work. It's important for women to understand their rights in this case, especially if they've been violated and steps must be taken to hold an employer accountable. The Office on Women's Health offers the following guidelines so you can rest assured your rights are being honored. 

When an employer denies overtime pay

We have covered many facets of employment law, from discrimination to workplace injuries and other challenges that people may face while on the job. However, wage and hour violations should not be overlooked either, and many workers have been mistreated when it comes to the denial of overtime pay. If your employer has refused to pay you for overtime when you were legally entitled to payments, it is pivotal to take action swiftly. Unfortunately, many employers have been allowed to get away with this behavior, which is completely unacceptable.

Age discrimination often a barrier for older workers

As an older person seeking employment in West Virginia, you may find that your age and the extent of your experience ultimately hinder, rather than help, you. While you may assume that, the more experience you have, the more of an asset you are to an employer, some employers feel differently and opt to hire younger, less experienced workers who they can pay less than their older colleagues. At the Grubb Law Group, we recognize that there are certain laws in place that prevent employers from discriminating against workers aged 40 years and older, and we have helped many victims of age discrimination in the workplace pursue appropriate recourse.

Discrimination over an employee's pregnancy

From religious discrimination to mistreatment based upon an employee's age, there are all sorts of ways in which discrimination takes place in workplaces across the country. Some employees and job applicants do not realize that other types of discrimination are against the law as well, such as discrimination based upon an employee's pregnancy. Someone who is pregnant may be turned down for a job in an unlawful manner, or they may be fired or subjected to unlawful discrimination while working for a company after their pregnancy became evident. Sadly, this can have a detrimental impact on an employee's state of mind and their future, in various ways.

Returning to work from FMLA leave

Few people in Charleston ever anticipate needing to take extended time away from work (other than perhaps a week or so for a vacation). Yet an accident or the sudden onset of an illness could require that one take weeks off to recover. Employees can take comfort in knowing that if they are forced to leave work for an extended period for medical or personal reasons, the Family and Medical Leave Act ensures that their employment will not end due to their absence (indeed, according to the U.S. Department of Labor, 13 percent of all eligible employees have taken such leave during the last 12 months). Yet will the same job be waiting for one when they return? 

A fine line between business needs and discrimination

All throughout the south and including in West Virginia, Walmart has long been a popular brand and store for area residents. One of the hallmarks of Walmart has been that it has provided many great employment opportunities for people at all levels. The strong employment history of Walmart includes providing ample jobs for people with disabilities. This, however, may be set to change and is causing some serious controversy for the mega-retailer.

EEOC charges W.Va. staffing agencies with abuse, discrimination

Federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act are in place to ensure that all American workers have the opportunity to work in a safe, humane environment for a fair wage. The Equal Opportunity Employment Commission recently brought a lawsuit against four West Virginia-based staffing agencies, accusing them violating these federal regulations by subjecting Latino workers that they recruited to work in an Alabama poultry processing plant to abusive and discriminatory treatment.

What events qualify for leave under the FMLA?

For people who work in West Virginia, it is important to understand what protections are available to them by law to allow them to take care of family matters without the fear of losing their jobs. The Family and Medical Leave Act is a federal law that outlines the provisions for time away from one's job due to qualifying life events. Integral to this law is that the employee is guaranteed to return to a position of equal status and pay upon completion of their leave time.

Are you an at-will employee?

You go to work in Charleston every day confident that you the only way you could lose your job would be if you give your employer a reason to fire. So if you are approached out-of-the-blue with news that you are fired, your confusion is understandable. Can an employer really fire its employees for no good reason? Surprisingly, the answer to that question is yes, thanks to the at-will employment doctrine. 

Should I date a co-worker?

It’s not uncommon for people to spend a majority of their day at their place of work. As a result, it can be easy to enter into workplace romances, which can have a detrimental effect on a person’s career or even lead to sexual harassment claims. While it’s not legally forbidden to date a co-worker, Forbes recommends keeping the following points in mind before moving forward.

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The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
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