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Shulman Kessler
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April 2015 Archives

NY plumbing co. will pay $1.4 million in wage theft case

No employer likes to pay overtime. Many will simply prohibit their employees from working more than 40 hours in a week. And then they will subtly push the workers to finish the job anyway. Or they will simply ignore that work done beyond 40 hours is overtime, and instead pay those hours at regular straight-time rates.

Is a wellness program good for you? Pt.1

Employers dislike workplace lawsuits. They are expensive and distracting, as they may require detailed investigations of a company or a department. Lawsuits may also require a significant amount of time to produce documents, emails and other materials for litigation and require other supervisors and workers submit to depositions.

Kill the buzz?

Fairness is hard. In a business, the hiring and treatment of employees can be viewed in many ways. It can be seen as important and the "core" of the business. Or it can be seen as problematic necessity, with an attitude of while we need them, they are not important. In every hiring situation, there are winners and losers. After all, if there is one position open, there can only be one applicant who "wins," while everyone else loses.

Is on-call work unfair to workers?

Workers in the U.S. have faced many challenges over the last 30 years. Many jobs left this country as a huge number of manufacturing and garment industry jobs were shipped overseas to low-wage countries. This depleted many unions to the point of irrelevance, and as unions lost power, wages stagnated or fell.

Disparate treatment discrimination

Under the federal employment laws, workplace discrimination can be shown to have occurred by disparate treatment. This is where an individual is intentionally discriminated against because they are a member of a protected class, such as gender, racial or religious groups. It can also occur when some engages in a protected activity and suffers retaliation because of that activity, such as being fired after filing a complaint with Equal Employment Opportunity Commission (EEOC).

Survey shows the uphill battle faced by many older workers

Memories of the recent recession are finally starting to fade for many people thanks to the nation's sustained economic recovery, particularly in relation to the job market. Indeed, data from the U.S. Labor Department shows that roughly 250,000 jobs were added every month in 2014, marking the highest rate of job growth in nearly two decades.

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