employment law

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)?

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)? In the recent case of Jacobs v. N.C. Administrative Office of the Courts the 4th Cir. Court of Appeals was confronted with this issue. The employee who was an office assistant was promoted to a deputy clerk. Her duties …

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The Dangers of Secretly Recording a Conversation to which you are not a party

In Texas you can record someone without their knowledge as long as you are part of the conversation. But there is no leaving hour cell phone in a room and leaving so you can hear or record what the people in the room say when you leave is extremely dangerous and could be a second …

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At-Will Employment in New Mexico. But there exceptions.

In New Mexico at-will employment is still alive and well.  In Melnick v. State Farm the Court stated that  “Employers are entitled to be motivated by and to serve their own legitimate business interests, and they must have wide discretion and flexibility in deciding who they will employ in an uncertain business world.” The employers’ interests …

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What do you do when you first have a work injury?

Did you give your employer sufficient notice that you were injured at work? Can you prove it? If not, you may be denied coverage for your work injury. If your employer carries workers’ compensation what is the first thing that you should do? I see people every week who come in to see me because …

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How far back can you sue your employer for not properly paying overtime or minimum wage?

The Fair Labor Standards Act (FLSA) allows you to go back and collect 2 years of back wages for the nonpayment of overtime or minimum wage unless the employer’s actions are “willful” in which case you can go back 3 years. In the case of Hoenninger v. Leasing Enters, (2020) the employee’ appealed the trial …

How far back can you sue your employer for not properly paying overtime or minimum wage? Read More »

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