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Showing posts with the label Personalinjury

Federal Arbitration Act for Employers: A California Supreme Court Decision

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In 2019, California’s AB51 was signed into law. This law forbids forced arbitration as a condition of acquiring a job. Employers cannot avenge employees who will not sign an arbitration agreement. There has been a lot of back and forth with this law after a federal judge endowed an injunction claiming it inhibits with Federal Arbitration Act (FAA). Recently, it has become a hot topic to discuss among various attorneys . Here is everything about the FAA for employees and employers. FAA Vs. PAGA The FAA is a senatorial act that permits arbitration to be utilized to settle individual disputes. What does it mean? Arbitration is a dispute settlement method that uses an arbitrator to listen to the dispute and decide. In deciding the arbitration, the award gets confirmed within a year, and challenges and objections must be built within three months. On the other hand, California Private Attorneys General Act (PAGA), launched in 2004, is an act that permits resentful employees to file a lawsui...

Birth Injuries: A Detrimental Personal Injury You Can’t Neglect

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A child's birth is a joyous time. However, it turns tragic when a baby undergoes an injury at birth. Doctors must perform a standard level of care demonstrated by state laws. When they fail to accomplish this, they are liable for any injuries due to their negligence. It can be convoluted and challenging. Therefore, you should depend on the team of proficient attorneys at Shegerian Conniff. Common Birth Injuries Birth injuries are atrocious for babies and their parents. But unluckily, many different kinds of birth injuries may happen. The common birth injury is a lack of oxygen during delivery. Healthcare experts recognize a sign of oxygen during delivery. That is why they should constantly monitor the baby's significant signs during labor.  Brachial plexus palsy is another general birth injury. It can happen when the baby's neck is stretched too far during childbirth and sends pain down the spinal cord to the hands, arms, shoulder, and fingers. It is more common in infants...

Where Should You Go if You Experience Racial Discrimination?

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You should be treated with respect and dignity despite your religious beliefs in the workplace. The Title VII of the Civil Rights Act of 1964 states that employers are forbidden from discriminating against you due to your religious beliefs. It is because religion is a shielded category of rights along with color, national origin, sex, and disability. It is essential to note this title is only implemented to management with over fifteen employees. So, you don't cover this legislation if you work under an employer with less than fifteen workers. Even attorneys suggest the same. Federal law prohibits religious discrimination. Employers cannot make any job-related decisions, such as firing, hiring, pay raises, and promoting, according to their religious beliefs. This protection extends to employees who are married to someone practicing a specific religion. For instance, say you are Muslim, and your husband is Christian, and an employer cannot discriminate against you because of your h...

Rest and Meal Breaks: You can Take the Attorney’s Help!

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Providing rest and meal breaks should be in every office. Are you getting a 10–15-minute rest break every four working hours? Are you getting 30-45-minute meal breaks every five hours you have worked? Is your overtime paid? Are you receiving itemized wage statements? According to the Fair Labor Standards Act (FLSA), employers should not consider rest and meal breaks for employees to get permission. They should be mandatory for workers. If they don’t get it, attorneys can help them. For instance, an employer permits employees to take short rest breaks. They should be compensated for their time when they are on these breaks. Suppose an employee earns $5 every 10 minutes and takes a 10-minute break. They should get bucks for this break. However, employees taking more than the permitted break should understand why they are not getting paid for those additional minutes. Bona Fide Meal Break The management often allows their employees to take 30 minutes to one hour of a meal break. The FLSA...

Five Reasons Employees Hire Employment Law Firms

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Employment law concerns a connection between employees, employers, and coworkers. Following rules and regulations encourage a safe workplace and shield employers. If you have undergone unfair treatment by your coworkers or employers, you need to take professional assistance from employment law firms . While building contracts to protect the company from lawsuits, a manager must seek the help of a legal expert. It is not possible to magnify the significance of hiring attorneys for workers. A responsible employer strives to yield to national and local laws monitoring employment and how they implement employees' benefits and rights. However, employment rules can be perplexing even for employee-friendly businesses. Further, dealing with independent employee investigations or issues can be challenging if you do not learn the regulations applied to each case you confront. Therefore, here are five reasons to hire employment law firms- 1. Support for Difficult Legal Problems Employment law...

Racial Discrimination: 11 Facts to Know!

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Racial discrimination in the workplace is prohibited. Many employment law firms advise not to follow it in the professional sector at any cost. Else punishment is severe. These eleven facts about racial discrimination enlighten readers about various instances and actions. Have a look- 1. Religious discrimination is unequal treatment of a group or an individual based on their beliefs. 2. Religious hostilities in 2012 boosted in each major world region, excluding the Americans. 3. Many countries are not protected by their government but are harassed for their beliefs, while Americans are shielded under the First Amendment to practice religion freely. 4. In a four-year study from 2006-2010, Christians were the discriminated-against group, experiencing harassment by the society and government in 168 nations. 5. Muslims are the second-largest religious population globally and were distinguished in 121 countries. 6. The nations such as Egypt, Saudi Arabia, and Indonesia have high restricti...

What Do Employment Law Firms Say about Whistleblowers?

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Most of the time, employees hear about something illegal. They might try to reveal it, but not everyone gets heard. Those blowing the whistle by alerting other people about the reality going under the table are often reported as misconduct or safety violations. However, these brave individuals work in the public’s best interests to inform authorities when employers act unethically. To motivate whistleblowers to speak up, various state and federal laws or attorneys protect them against discrimination and retaliation in the workplace. Whistleblower Laws Is it right to fire a whistleblower if he works in an employment-at-will state? These states permit an employer to legally fire an employee, but there are some exceptions to the employment-at-will doctrine. One of these exceptions includes you can't fire employees until their termination doesn't include a violation of public interest. This exception protects whistleblowing employees since they act in the best public interest. Thus...