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Labor & Employment

Overview

Lawrence E. Feldman & Associates representing individuals in discrimination actions (sex, race, color, harassment, national origin, religion, age, and disability), unfair labor practices (denial of wages, overtime and equal pay), denial of leave (Family Medical Leave Act) or being retaliated against for asserting your rights. Discriminating and unfair labor practices against employees can occur in many ways: not hired, not promoted, denied equal pay for equal work, harassed on the job, subjected to inappropriate jokes or inappropriate touching, discharged, not paid wages or overtime, denial of leave, and denied the opportunity to work in an environment free of harassment and retaliation.

 

Contracts

Contracts are generally used in cases where a job requires a high degree of technical ability, skill and experience. These employees are in high demand and employers often offer contracts designed to entice these valuable employees.

Employees need to take precautions when signing employment contracts because employers will only have their own interests in mind and are often found to be overly restrictive.

Each contract is unique and it is important to have an attorney review the terms and conditions of these contracts prior to signing to ensure that your long-term interests are protected. The same is true if you are ever accused of violating any terms of your employment contract – or if you think your employer has violated any of the terms.

The attorneys of Lawrence E. Feldman & Associates have been representing people in individual and class action law suits against Labor and Employment Cases. Our firm has knowledge, experience and dedication necessary to resolve various types Labor and Employment Cases.

 

Employment Discrimination

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color as well as national origin, sex, or religion.

It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.

   

Social Security Disability

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

Severity of the illness or injury is the key and a doctor?s report indicating that the claimant can still perform "light" or "sedentary" work may be cause for benefits to be declined. These stringent requirements are the reasons why approximately 60% of initial Social Security disability claims are denied. Individuals whose claims are denied must be prepared to request "reconsideration" of that decision within sixty (60) days of the date the notice denying the application was received in the mail. Even then, only about 20% of the reconsidered claims are approved.

Social Security disability payments are the right of a person who has paid into the system and who is experiencing a long-term illness or disabling injury. The process is not simple but the benefits can be substantial.

 

Unions

Trade unions are a progressive force for the rights and liberties of all employees and their families. In the workplace, unions have fought long and hard for wage protections, health and safety, overtime guarantees, and other essential legal protections. Child labor laws, minimum wage, the forty hour week, Social Security, OSHA, FMLA are all important pieces of legislation that would not have been enacted but for labor unions.

   

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Disclaimer

Effective 2010, Mr. Feldman is semi-retired and on inactive status, but is consulting or referring many matters to experienced counsel with which he has maintained longstanding relationships.

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