As we all know we are experiencing the worst economic times since the great depression. The unemployment rate is the highest in many years. It is important to understand that unemployment figures are a lagging indicator of a weak economy. The reason is simple. When companies experience weak sales they cut back on manufacturing orders to avoid excessive inventories. When companies cut back on production they lay off workers and increase unemployment. We will not know when the recession will bottom out until we see the unemployment figures decline.
In recessionary times it makes sense for the government to engage in deficit spending to create jobs. The way we get out of these troubling economic times is by putting money into the hands of the workers, build confidence and job security, and encourage consumer spending.
President elect Obama has proposed an economic stimulus plan designed to create 3 million jobs. The plan is relatively simple. Our county’s infastructure needs rebuilding. You may remember about a year ago a bridge in Minnesota collapsed causing death and injury. There are many other bridges that need to be retrofitted in this country not to mention the need to repair roads and government buildings.
The stimulus package is designed to have the government spend money in the form of government contracts. The government plans on spending $700 billion dollars on rebuilding the infrastucture. Presumably some of this money will come from money saved when we withdraw the war effort in Iraq.
When the government awards public contracts the Davis Bacon Act applies. This federal statute requires, among other things, sealed bids and a requirement that each worker be paid what is known as the prevailing wage for each craft or trade. This prevailing wage is comparable to the labor unions collective bargaining wage and is generally much higher than the wage that construction companies could pay if not bound by the Davis Bacon Act.
The effect is that construction workers will earn a decent wage which will put money into the hands of the working man, consumer spending should increase which will benefit local business and consequently will increase the taxes the government will collect.
Construction companies, who have struggled in recent years, will have tremendous opportunities to obtain profitable public contracts.
Also any company that offers a service that will protect the environment and that can be used in the construction of our bridges, roads and government buildings will have these opportunities. A company with this technology should obtain a patent and then seek to have the service included in the federal government’s contract specifications that will require all contractors to utilize that service or technology.
Posted in Labor Law |
In order to successfully sue your employer for disability discrimination you will need to show more than an adverse employment action resulting from an occupational injury. You must also show you were treated differently by being singled out for disadvantageous treatment because of your injury.
An employer is not guilty of retaliatory discrimination by failing to ‘reemploy’ unqualified employees for whom positions are no longer available. And an employer may be justified in terminating an employee if at the time of termination the employer reasonably believes that returning the employee to his position would endanger the employee or others.
An employer’s refusal to reinstate an injured worker to an available position may be justified as a business necessity if the employer reasonably believes that the employee is unable to perform the job without undue risk of reinjury.
If business realities compel the employer to replace an employee on workers’ compensation disability leave, the employer may refuse to reinstate the employee assuming the position remains unavailable.
Also if you lose your job following a job related injury you must engage in what is known as an interactive process with your employer in order to find a reasonable accommodation for your disability. The employer must try to reaonsable accommodate your disability if such accommodation is available.
Posted in Business Litigation, Labor Law |
Employers who sign Collective Bargaining Agreements with labor unions may find it difficult to cancel those agreements according to the terms of the agreement and may also find it difficult to defend themselves if the labor union sues to collect money owed for unpaid fringe benefit contributions.
If the Labor Union decides to sue for unpaid fringe benefits there are few defenses available for the Employer. The Labor Union, through its trustee or fiduciary can obtain an award for the unpaid contributions, interest on the unpaid contributions, an amount equal to the greater of (i) interest on the unpaid contributions, or (ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent of the amount determined by the court on the amount of unpaid contributions, reasonable attorney’s fees and costs of the action, to be paid by the Employer, and such other legal or equitable relief as the court deems appropriate. Without many defenses to a lawsuit seeking to collect unpaid fringe benefits, an action by a Labor Union under a collective bargaining agreement can be devastating to the Employer.
Located in Los Angeles, California, Robert G. Klein, Esq. is a Los Angeles trademark infringement attorney who concentrates on business litigation. He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com
Posted in Business Litigation, Labor Law |
