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Category Archives: Labor Law
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. …
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Posted in Labor Law
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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…
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Posted in Business Litigation, Labor Law
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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…
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Posted in Business Litigation, Labor Law
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