Layoffs Trigger More Employment Lawsuits

Andrew Ross Sorkin of the New York Times has reported that as companies have accelerated layoffs, workers are increasingly turning to the courts with claims that they were improperly terminated. From Lehman Brothers to Dell, companies face allegations of discrimination and other employment-related violations, and attorneys predict employment litigation will continue to grow. According to the New York Times, worker complaints to the government rose more than 15 percent last year.

You can read more HERE.

If you believe you have been injured because of a wrongful termination in Tennessee, please call Tim Edwards or Ed Wallis today at (901) 527-4673, or fill out this form:

Employee-Friendly Laws Lie Ahead

The signing of the Ledbetter Fair Pay Act may prove to be a fleeting moment of triumph for labor rights advocates as Congress shifts its focus to more contentious labor initiatives. Not surprising, business groups and leadership within the Republican minority have vowed to pose strong opposition to upcoming labor legislation.

President Obama on Friday issued executive orders that union officials say will undo Bush administration policies favoring employers. Among the orders, federal contractors would be required to offer jobs to current workers when contracts change, and they would be prevented from receiving reimbursement for expenses meant to influence worker decisions on joining unions or engaging in collective bargaining.  A day earlier, the new president signed the first bill of his administration, the Lilly Ledbetter Fair Pay Act, which allows more leeway for women and others seeking justice over pay discrimination.

If you have been discriminated against in the workplace, contact us today:

Favorable Discrimination Law to Protect Workers

If you believe you are or have been discriminated against because of gender or race, a new law is about to be enacted that will help you recover damages.

Congress gave final approval on Tuesday to a civil rights bill providing women, blacks and Hispanics with powerful new tools to challenge pay discrimination in the workplace. It is likely to be the first significant legislation signed by President Obama. The chief sponsor of the bill, Senator Barbara A. Mikulski, Democrat of Maryland, offered this advice to employers: “If you don’t want to be sued, don’t discriminate.”

In many cases, women and minorities do not realize they are being paid less than their counterparts (men, opposite race, etc.) until years after the discrimination began. At many companies, workers do not openly discuss their salaries, and pay disparities grow gradually over many years. The new law will help you recover what should have rightfully paid to you.

Under existing law, a victim of discrimination can recover up to two years of back pay. The House passed a related bill this month that would allow women to get compensatory and punitive damages for violations of the Equal Pay Act of 1963, which generally requires equal pay for equal work. Those provisions are not included in the legislation being sent to the president.

If you believe you have sustained injuries in Memphis or West Tennessee at the result of a company, contact us for help:

Grocery store managers seek damages for overtime pay

Supermarket chain Gristede’s wrongly denied overtime pay to more than 400 current and former lower-level managers, a federal judge ruled last week. Federal District Judge Paul A. Crotty found that Gristede’s had sought to treat the managers as hourly workers for some purposes but as salaried employees for the purposes of overtime. Attorneys for the plaintiffs estimate that damages could reach $25 million.

This is a common concern in business, where employees are not given their appropriate pay as employers cut corners to save costs for better bottom line performance.

If you are concerned you are being paid unfairly, and being treated as a salaried employee when you should be paid hourly (including for overtime), contact Tim Edwards or Ed Wallis at (901) 527-4673, or send us an email by clicking HERE.