Las Vegas Injury Lawyers Blog

By 1938, the Great Depression had wrecked a lengthy and widespread economic havoc on the country. Pressured to give the working populace some relief, President Franklin Roosevelt enacted the Fair Labor Standards Act (FLSA). No longer could businesses financially exploit their workers to make a profit. No longer did workers have few to no rights regarding their workplace conditions. And for the first time, a minimum wage, overtime pay, and child labor standards were law, applicable to any employee (low-level, management, and executives). Businesses who violated these laws could now be penalized and sued.

Almost a century later the FLSA still stands, but while most are familiar with its basic rules, many are unaware of the nuances within the FLSA. One nuance applies to gender equality.

Regardless of whether a job is done by a man or woman the amount of pay for a job is determined by its job requirements. Under the Equal Pay Act (29 U.S.C. § 206.), a 1963 amendment to the FLSA, men and women are to receive equal pay for equal work. However, businesses can compensate men and women workers differently if the pay differences are not based on gender, but on a "bona fide seniority system, merit system or incentive "system.

A system is bona fide if the following criteria are met:

• The system is not implemented with a purpose to discriminate for gender reasons, and
• Specific criteria that are used to assess the worker's productivity, merit, or seniority are ... determined prior to the pay disparity, the reason(s) for the pay differences, properly communicated to the entire work force, and applied equitably to all workers.

Any seniority pay increases that do not meet these criteria must be justified. If it is determined the pay increase was arbitrarily applied, it can be a violation of the FLSA.

Additionally, if the business implements a merit pay system, workers should receive periodic performance evaluations that objectively asses the worker's accuracy, efficiency, and ability of preset criteria. Performance evaluations cannot be solely based on management's subjectivity.

But if a business does not have a bona fide system, it is not automatic that a worker has a punishable FLSA violation. Businesses are given the opportunity to prove that though there is no bona fide system, any difference in pay is still not based on gender, but other factors which are germane to the requirements of the job, providing specific benefits to or further the business, or enhancing an employment practice within the business. Additionally, the business is still required to show these factors are applicable to all their workers regardless of gender and that workers have knowledge these factors are used in determining pay.

Factors not based on gender that have been used to validate pay differences for men and women are:

• The workers' have different experience, education, training, and skills.
• The worker generates more revenue for the company.
• The job is performed on the 2nd or 3rd shift, is part-time, seasonal, or temporary.

Continue reading "The Equal Pay Nuances to the FLSA" »

As any Nevada business owner and employee know, the workplace environment can be dangerous. The Occupational Safety and Health Administration (OSHA) establishes the standards and oversees health and safety laws throughout the nation. OSHA also furnishes training and education for businesses. In Nevada, the state, like 24 other states, operates its own OSHA approved health and safety programs. But while business owners are ultimately responsible for ensuring the workplace is safe and healthy, it is as important for both business owners and employees to be proactive in maintaining safety and negating hazardous situations. To ensure you are physically and legally protected, institute a few common practices.

Assess job hazards: Far too often we see but don't notice. Business owners and employees must take a critical eye to every physical aspect of the business to determine if it poses a health or safety hazard to employees, agents, and/or customers. Initially, and then periodically, conduct a full analysis of the business' physical property, including buildings, outdoor areas, and equipment. For each department, review job processes and get feedback from employees on any health or safety concerns. It is very important that not only is each job process analyzed with the employee(s) who perform(s) the task, but that business owners create an environment where employees feel comfortable in giving feedback. The latter is truly valuable in revealing unknown hazards with equipment and/or procedures, or pointing out dangerous or potentially dangerous situations.

Assess risk: Every Nevada business owner needs to determine their potential risk for every unsafe or potentially unsafe situation versus the cost to eliminate these unsafe or potentially unsafe situations. While the ideal work environment is 100% free of unsafe or dangerous conditions, this is unrealistic for any business owner. However, ignoring unsafe or potential unsafe conditions which can be eliminated or reduced with a reasonable cost and care can increase the liability of the business owner.

Establish a Written Policy: Every Nevada business owner should establish a written policy to govern employees' actions to report health and safety concerns and the company's process for handling a report. The policy should identify the person who ultimately oversees the company's health and safety system and the chain of command in making a report. Each business should establish a set of disciplinary rules that fairly punish anyone who fails to comply with the company's health and safety standards. The policy should also detail how emergencies and disasters should be handled. For fire and natural disasters a business owner should conduct period drills.

A business' health and safety policy should be included in the employee handbook, and each employee should give their employer a signed acknowledgement the policy and any updates have been received and read. Safety and health warnings and rules should also be posted throughout the work environment.

Educate and Make Aware: In addition to periodic drills, posted safety and health warnings, and the employee handbook, business owners should keep abreast of current and updated federal and state OSHA laws and disseminate new information on a timely basis to their workers. Business owners should also keep abreast of and make sure their employees are aware of any local or seasonal dangers.

Continue reading " Reduce Your Liability in an Unsafe Workplace" »

Under the Fair Labor Standards Act (FLSA) enacted in 1938, a minimum hourly wage is established for covered employees working in the United States. And while the FLSA does not set a cap on the number of hours a person may work, overtime pay equal to one-and-a-half times the regular rate paid to an employee, must be paid for every hour an employee works over 40 hours in a work week. Employees paid a fixed salary, as opposed to an hourly rate, are also entitled to minimum wage coverage. To calculate the hourly wage for a fixed salary, an employee divides the salary they receive in a pay period by the number of hours they worked in that pay period.

In Nevada, Nev. Rev. Stat. Ann. § 608.018 sets the minimum wage to $8.25 an hour. If a Nevada employer provides their employees with qualified health insurance coverage, the minimum wage drops to $7.25 cents an hour. Tipped employees, who make up a large number of the Nevada workforce, are covered under different minimum wage rules, however.

Under current FLSA and Nevada statutes, employers with tipped workers (such as wait staff, bartenders, and valets) may deduct up to $6.12 an hour as a tip credit from the minimum hourly wage paid to an employee. To qualify for the credit, an employee must earn more than $30 a month in tips. And if the total amount of an employee's hourly tips and cash wages does not equal the minimum hourly wage, a Nevada employer must compensate the employee for the difference.

For instance if during the first hour of work an employee receives $3.00 in tips and their minimum wage is $8.25, their employer must pay the employee an additional cash wage of $3.12 ($8.25 - $3.00 - $2.13). If the employee's minimum wage is $7.25, their employer must pay the employee an additional cash wage of $2.12 ($7.25 - $3.00 - $2.13). If the same employee earns $15.00 in tips during their second hour of work, their employer need only pay the employee the minimum wage of $2.13.

When an employee works more than 8 hours in a day or 40 hours a week Nevada law entitles them to receive overtime pay. Furthermore, an employee's 40 hour work week can be worked in a flextime schedule, such as 4 days at 10 hours a day, as long as it is agreed upon by the employer and employee.

Though many employers provide some type of compensation, FLSA and Nevada rules do not require Nevada employers to compensate employees for vacation time, sick days, or holidays. But if vacation compensation is provided, employers must pay the employee for any unused vacation when the employee's employment is terminated or the employee quits.

Despite several legal challenges, Nevada's legislature and voters have repeatedly upheld the minimum wage requirements.

Employers who violate FLSA requirements can be sued by their employee. A FLSA action must be brought within two years of the violation, however if the court determines that the employer's violations were willful, the statute of limitations is extended a year to three years total.

Continue reading "FLSA Protects Las Vegas Workers and Employers" »

To add a boo boo boo to the holidays, the Nevada Supreme Court has reversed an appeal from a district court order denying a petition for judicial review in a workers' compensation action, thus preventing workers injured on the job from receiving full disability compensation awards.

In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the respondent, Dale Blake, injured his back during the course and in the scope of his employment on December 15, 2004. Prior to this injury, in 1982, 1983, 1993, and 1995, Mr. Blake had four other work related incidents which caused injury to his back.

Under Nevada Revised Statutes workers who incur nonfatal occupational injuries and illnesses are entitled to benefits, regardless of fault. In determining the amount of worker compensation benefits the amount of the worker's impairment must be calculated by a physician after the worker is deemed to be "stable and ratable" (after medical treatment the injured portion of the worker's body is as well as it can be but there is still impairment).

For his 1995 injury and using the second edition of the AMA guidelines, Mr. Blake's permanent partial disability (PPD) was rated as 14% of a whole person and his worker compensation benefits calculated accordingly. For his 2004 injury, Mr. Blake was deemed under the fifth edition of the AMA guidelines to have a PPD of 40% of a whole person. Mr. Blake's worker compensation benefits were calculated by subtracting his previous PPD rating of 14% from his new rating of 40%. When appellant Public Agency Compensation Trust (PACT), which was the insure of record for Mr. Blake's employer when the 2004 injury occurred, questioned whether a 14% rating under the old guidelines was equivalent to a 14% rating under the new guidelines, Mr. Blake's physician reviewed his findings.

In a filed addendum to his original evaluation, the physician did not address whether PPD rating calculations would be identical under the old and new guidelines. The physician did state the data was insufficient to determine Mr. Blake's condition and PPD rating prior to his 2004 injury; however the new guidelines in the fifth edition of the AMA Guides allowed for an estimate of the previous impairment. The physician estimated the previous impairment had a rating of 23%, not 14%, and worker compensation benefits for the 2004 injury should thus be calculated using a 17%, not a 26%, impairment rating. On appeal, Mr. Blake's original worker compensation benefits based on a 26% impairment rating was reinstituted and this decision was upheld by the district court. PACT appealed the district court's decision.

Nevada's Supreme Court subsequently ruled that "NRS 616C.490 (9) is plain and unambiguous and requires that the calculations for prior and subsequent injuries be reconciled by first using the current edition of the AMA Guides to determine both the percentage of the entire disability and the percentage of the previous disability, and then subtracting the latter number from the former to calculate the award for the current injury. We further conclude that to the extent that NAC 616C.490 allows for computation of PPD compensation without reconciliation of the different editions of the AMA Guides, it impermissibly conflicts with NRS 616C.490 and is invalid."

The high court then held Mr. Blake's worker compensation benefits were thus calculable with a 17% impairment rating. Based on this ruling Nevada's Division of Industrial Relations (DIR), which reviews physician impairment evaluations, has stated it will no longer utilize NAC 616C.490 (4) in reviewing impairment evaluations nor correct rating errors.

Continue reading "Nevada Supreme Court Hacks Away at Workers Compensation Benefits" »

According to the United States Bureau of Labor Statistics, the metropolitan Las Vegas area has an available work force of close to a million with over 800 thousand currently employed. With a decreasing unemployment rate the chance that a nonfatal occupational injury will occur increases.

Under the Center for Disease Control (CDC) and National Institute for Occupational Safety and Health (NIOSH) guidelines, a nonfatal injury is deemed occupation related if "the injury or illness was sustained by a civilian noninstitutionalized worker while working for pay or other compensation, working on a farm, or volunteering for an organization (e.g., volunteer fire department), without regard to self-employment and full- or part-time work." Injuries or illnesses previously treated are not included in calculating statistics. The Bureau of Labor Statistics categorizes nonfatal occupational injuries and illnesses in the workplace by four case characteristics - 1) the part of the body where the injury or illness occurs, 2) the nature of the injury or illness, 3) the source that causes the injury or illness, and 4) the event that causes or exposure that furthers the injury or illness.

In 2010 the state of Nevada reported 4 thousand incidences of nonfatal occupational injuries and illness. Of these incidences, approximately 11 hundred required the worker to miss days at work, while the balance, approximately 900, required the worker to undergo a change in their job description or a transfer to a different job.

The most frequent nonfatal occupational injuries or illnesses are musculoskeletal sprains and strains, with the most of these occurring in the worker's shoulder and back (the trunk of the body). And though the number of bodily injuries or illnesses in the lower extremities are less, many of these types of injuries or illnesses are carpal tunnel (from making repetitive hand and wrist movements) syndrome related.

Las Vegas workers who incur nonfatal occupational injury or illnesses, which can also include slip and falls (higher in older workers), being struck, and equipment and motor vehicle injuries, may be entitled to financial consideration. While NIOSH "is the federal agency that develops recommendations for workplace health and safety standards" to prevent work-related injury and illness, workers compensation is largely administered on a state-by-state basis, Section 616 of the Nevada Administrative Code (NAC) and Nevada Revised Statutes (NRC) set out the regulatory guidelines for workers compensation.

Regardless of fault and whether medical treatment is necessary, Nevada's workers compensation issues benefits to workers injured on jobs working for employers who have worker's compensation coverage.

Continue reading "Las Vegas Workers & Workers Compensation" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

Recently, Starbucks was sued over alleged violations of California's employment law. The case is a class action suit, which covers Starbucks employment practices within the state. Allegedly, Starbucks, within California, neglected to pay workers for their overtime hours worked, and for the minimum wage they should have received. The main accusation against the popular company is that they have not been paying for employees while they were being trained "off the clock." According to California law, employers are responsible for paying employees who are working regardless of whether or not they are clocked in.

Corporations and large business are viewed as economically good, because they are efficient at reducing cost via reducing redundancy. However, with big business comes increasingly more power and influence that business possesses. This private interest can interfere with the public interests of government. The last thing we want in our free nation is to have our freedoms revoked in favor of corporate dictatorship. It is here where the government best serves the people by establishing a set of laws that it enforces.

When corporations attempt to cut legal corners to create higher profits, they are jeopardizing democracy. We as a people have voted and established what was fair for corporations and what was fair for workers. A healthy society is one that is mutually beneficial to both parties involved in an agreement. When one party unjustly benefits while the other suffers we mimic the actions of a dictatorship.

The regulations we have in our country are important to keeping our economy working like a well-oiled machine. Laws act as gears while human ingenuity and passion for success act as the engine. It is this writer's belief that, when our protective laws are upheld and we are passionate for success we benefit the most from our society.

A full article can be found here: Starbucks Hit with Large Wage & Hour Class Action Lawsuit by the San Jose Employment Attorneys at Blumenthal, Nordrehaug & Bhowmik

Continue reading "Overtime Pay Is Required In Some Cases" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

In Nevada, having a dream and living it are two very different things. It takes courage and determination to make your dream happen. For many people, we never get to see our dreams come true or even have the chance to experience them. For others, they refuse to give up until they achieve their goals. We live a life of privilege and opportunity within the United States where most dreams are within reach if we work hard enough. Many countries around the globe do not have this support system or opportunity; if you are born destitute you may be forced to stay that way until you die.

Large quantities of people seek to immigrate to the Untied States legally every year through visas and citizenship. However, the United States, and particularly Las Vegas, offers so many opportunities that people are willing to risk their lives in order to live here. Illegal immigration has been on a steady rise for years and many individuals who come here do so at their own peril risking assault, abuse and death.

Those who immigrate to Nevada legally and illegally still face similar challenges once in the United States. Language barriers can create an inequality whereby immigrants can be taken advantage of. In neighboring Southern California, where many immigrants from Central America live, employers are attempting to unionize an industry that exploits both legal and illegal immigration. The industry in question is the car wash industry.

Recently, Tomas Rodriguez of Hidalgo, Mexico, was awarded $80,000 by the Los Angeles County Superior Court for back wages and damages. His suit described a tyrannical system whereby immigrants were taken advantage for being ignorant of their rights. In his suit, he alleged he was forced to be at work hours before he was actually allowed to clock in. He described the carwash industry as a corrupt one where immigrants are often hired below minimum wage, forced to work without full pay for hours worked and in some instances forced to work only for tips.

Rodriguez said that after workers were hired to work only for tips, his hours were cut so severely that he couldn't afford to eat or pay rent. He relied on collecting cans and bottles like many homeless do in order to make ends meet. In his suit he alleges the owners used strong-arm tactics and threats to scare employees into obedience.

People come to America because we are the land of the free. Employers that exploit and abuse people need to be held accountable. Since the industrial revolution, the United States has made giant strides in the enactment and enforcement of labor laws. The purpose is to eliminate and remove servitude and wage slavery. Many times, the only remedy is take the employer to Court. In Nevada, government agencies are backed up for years. Such a delay can basically make a claim meaningless and a waste of time. Oftentimes, an attorney can help by pushing the case to an extent that a trial happens sooner if that matter does not settle early on.

A full article can be found here: Ex-carwash worker wins $80,000 lawsuit over labor violations

Continue reading "Nobody Should Work for Free" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

When I was little, I was taught that sticks and stones may break my bones, but words will never hurt me. While comforting as a child, this is sometimes not the case as a Las Vegas adult living, in a vibrant and sometimes ugly, world of communication. Words have amazing power and can change the course of someone's life. However, this power is not found in the word, but rather from the person who is communicating the message. The message that is being transmitted when we communicate with words is filled with our thoughts and emotions. It is a child's folly to believe that what people think about us does not matter.

For better and for worse, we are subject to people's opinions. They can carry us through tough times or push us directly into them. It is for these reasons that jokes, snide remarks, and harassment can have a real impact at the work place. However, sexual harassment may have a greater impact, being that it is often harassment regarding a sensitive nature. When executives in charge participate in sexual harassment, the damage can be much worse.

A sexual harassment case has been settled in favor of Londi Lindell for $1,000,000. Lindell worked as the Mercer Island Deputy City Manager for several years. In her legal claims, she alleged that City Manager Rich Conrad fired her because of her objection to how he conducted a disciplinary matter. Further, she claims that several employees of the city participated in inappropriate behavior and jokes regarding human anatomy.

Lindell's case was settled with the city's insurer. Under the settlement agreement, Lindell work records will say that she resigned from office, she will receive a letter of recommendation, and the city will pay a job search firm to find a new job for her. Lindell says the reason she sued, was because of the careers of those who had to work within the conditions at the city.

While the parties worked out a solution in this particular case of sexual harassment, it has not alleviated the problem. Sexual harassment is a form of actual pain that causes actual suffering. When people are forced to work within these conditions, they are being forced into a form of torture. Sexual Harassment is actually a form of sex discrimination (see What's Wrong With Sexual Harassment?). Preventing sexual harassment is not just a good thing to do, it is the right thing to do.

A full article can be found here: Former Mercer Island official settles harassment suit for $1M

Continue reading "$1,000,000 For Sexual Harassment" »

Written By Las Vegas based Law Clerk: Robert Maxey (Las Vegas, Nevada)

In Las Vegas, we are guaranteed the right to work. At first this may seem like a readily accepted idea but when considering many countries prevent people from working, on the basis of discrimination, the reality of our privilege sinks in. We have progressive laws that allow individuals the liberty to pursue work and happiness. In Nevada, equity is a cardinal principal and treating others with the same respect, as everyone else, is essential. We may not all be born of the same race, religion or economic background but we interact on a level playing field.

The Nevada Department of Employment and Training, along with the EEOC, is like a referee patrolling this playing field and guaranteeing the rights of workers. When Nevada and federal authorities come across illegal practices, they intervene and step in to give Las Vegans a fair chance at enforcing their rights. Recently the EEOC hit a grand slam with its largest settlement regarding the Americans with Disabilities Act against Verizon Communications. Verizon has agreed to pay $20,000,000 in order to dismiss claims made against it by the EEOC.

Verizon has been firing employees who accrued a certain number of missed days a year regardless of the cause or reason. The system Verizon implemented was structured so that employees would earn a certain number of points on each absence. Once an employee had received so many points they were eligible for disciplinary action or termination. However, the EEOC says that such a policy is too broad and does not accommodate for individuals with disabilities. Verizon replied to the suit by saying it was settling to avoid further legal costs and that it feels it went above what was expected by law in its policy. It also said it would incorporate the concerns of the EEOC into its new company policy.

This is not at all uncommon in the field of law where it is not necessary to know the law in order to be found guilty of violating it. Verizon alleged that it intended to develop a generous absentee program for its employees allowing them more flexibility. Despite this avowed intention, the company was pursued for allegedly not addressing the needs of the hundreds of disabled employees who were fired due to the policy.

Every business requires some sort of oversight and accountability. The job of the Nevada Department of Employment and Training and the EEOC has guaranteed the rights of hundreds of thousands of workers who work for Verizon Communication. This however, would not have been possible had a couple employees from Maryland not filed charges. Your rights are important and legal counsel should always be sought when justice is at stake.

A full article can be found here: Verizon to pay $20 million to settle discrimination suit

Continue reading "Verizon Communications Pays $20,000,000 for Violating the Americans with Disabilities Act" »

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Having a dream and living it are two very different things. It takes courage and determination to make your dream happen. For many people we never get to see our dreams come true or even have the chance to experience them. For others they refuse to give up until they achieve their goals. We live a life of privilege and opportunity within the United States where most dreams are within reach if we work hard enough. Many countries around the globe do not have this support system or opportunity; if you are born destitute you forced to stay that way until you die.

Large quantities of people seek to immigrate to the Untied States legally every year through visa's and citizenship. However we possess such privilege and opportunity that people are willing to risk their lives in order to have. Illegal immigration has been on a steady incline for years and many individuals who come here do so at their own peril risking assault, abuse and death. We must not take our privilege for granted.

Both those who immigrate her legally and illegally still face similar challenges once in the United States. Language barriers can create an inequality whereby immigrants can be taken advantage of. Within southern California where many immigrants from Central America live people are attempting to unionize an industry that exploits both legal and illegal immigration. The industry in question is the car wash industry.

Recently Tomas Rodriguez of Hidalgo, Mexico, was awarded $80,000 by the Los Angeles County Superior Court for back wages and damages. His suit describes a tyrannical system whereby immigrants were taken advantage for being ignorant of their rights. In his suit he alleges he was forced to be at work hours before he was actually allowed to clock in. He describes the carwash industry as a corrupt one where immigrants are often hired below minimum wage, forced to work hours without pay and in some instances forced to work only for tips.

Rodriguez said that after workers were hired to work only for tips his hours for work were cut so severely that he couldn't afford to eat or pay rent. He relied on collecting cans and bottles like many homeless do in order to make ends meet. In his suit he alleges the owners used strong-arm tactics and threats to scare employees into obedience.

People come to America because we are the land of the free and criminal activity, which exploits and abuses people, is unacceptable. Since the industrial revolution we have made giant strides in labor laws in order to eliminate and remove servitude and wage slavery. When an entire industry engages in this oppressive criminal practice it acts as a trap. People who enter the trap are frightened into submission, become dependent on their job to live and therefor cannot leave an abusive situation. If we believe in freedom then we must stand against tyranny.

A full article can be found here: Ex-carwash worker wins $80,000 lawsuit over labor violations

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of labor violations and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

The workplace needs to be one of the most secure environments individuals interact with. The reason is that unlike a public park or street we are not free to come and go as we please. The workplace for most Americans confines us to a limited area for a certain amount of time and we are obligated to be there. It is for this reason that a hostile environment that is filled with any form of harassment must never be allowed to flourish. It is this sanctity that led a jury to award Ashley Alford $95,000,000 in what has become one of the largest sexual harassment cases the United States has seen.

As American's most of us enjoy a work environment that is free from sexual advances from our bosses or inappropriate comments but not every work environment lives up to this standard. In fact some business travel down a very dark road filled with denial and turning a blind eye. It is this attitude and mentality that is the most threatening to American prosperity. It is a problem that cannot be tolerated now or ever for it will directly affect our financial future and moral paradigm.

If we take a look at the actions that were allowed to take place we can quickly see the immense impact of allowing such behavior to continue elsewhere and why it must be stamped out. Ms. Alford was given a job working for Aaron's, a rent-to-own retailer, and while it may not be anyone's dream job she enjoyed working for the company. The trouble started after she had been working there a while when her boss would make lewd comments to her. Ms.Alford was offended by such comments and found them repulsive but was unable to stop the advances. She found herself in a difficult and terrible situation where she could not see an exit. Her boss held her livelihood in his hands and would not stop the sexual advances towards her and company officials were not there to help. The situation became much worse when her boss turned his comments into acts and walked up behind her and while she was sitting placed his penis on her head. However this was only a prelude to when he would eventually hold her down against her will, lift up her blouse and proceed to pleasure himself over her.

Eventually Ms.Alford reported the incidents to a hotline but received no reply or relief. In fact what she got was almost as harsh and as cold hearted as the victimization she had been faced with her boss; she was denied opportunities to advance.

This behavior is unacceptable on every level and in every way. Employees cannot freely leave a situation that has become hostile or dangerous, least they risk losing their livelihood. When a company refuses to offer recourse for such dangers a great travesty is posed, "Is this suffering worth more than losing my shelter, food and transportation?" These are questions no one should ask and protecting the safety of our workplace is protecting the safety of our economy.

A full article can be found here: Jury awards $95 million in Fairview Heights sex harassment suit

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of a hostile work environment and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Everyone has the right to protect themselves from danger whether its fleeing or, when necessary, fighting. At a Wal-Mart store in Utah employees faced this very decision. A shoplifter was confronted after taking a laptop and was instructed to go to the asset protection office. In the office the man was told to relinquish the stolen items and to have a seat.

The man complied with the first request and pulled out the laptop but he also pulled out a handgun as well. With the gun in hand he told the employees to let him go and charged for the exit. However instead of leaving upon reaching the door the gunman put his gun into the back of an employee and said "don't make me do this." With nowhere else to go the other employees took action and acted to disarm him. Once he was successfully disarmed the employees then restrained him by force and placed the gun in the opposite side of the room far out of reach of the assailant.

A week after this incident Wal-Mart brought in corporate consultants who fired these employees for not being able to follow company policy. The policy in question was Wal-Mart's AP-09 policy, which instructs employee's to only use reasonable force when encountering shoplifters and to disengage when confronted with a weapon. Wal-Mart claims the employees were let go because they potentially endangered the lives of other associates and customers.

In response the employee's have filed suit against Wal-Mart claiming that their rights to self-defense have been infringed upon by the AP-09 policy. The plaintiffs, one who worked for Wal-Mart more than twelve years, said they felt betrayed and "thrown away".

The employees state that they acted not only with their own interests in mind but in the interests of everyone's safety at the store. The time of the incident was around 5 p.m., that location's busiest time, had the employee's not acted in the manner they did a convicted felon armed with a loaded weapon could have come running out of the office and attacked innocent bystanders.

One plaintiff expressed the potential danger of a member of the public becoming involved with assisting the store personnel in detaining a fleeing armed shoplifter; Stating that many customer's to their store feel a loyalty. A police officer commented on the staff's ability to disarm the gunman and how his life was saved; explaining that an armed felon attempting to avoid the police could easily have engaged in a gunfight when the police arrived on the scene.

With police supporting the actions of the employees and federal law allowing for self-defense this could turn out to be an important legal case, which could decide whether or not it is legal for a private business to have a policy that restricts an individuals right to protect their life.

A full article can be found here: Walmart Employees Fired For Stopping Armed Robber

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured at work or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Accidents come in many forms: automobile, boating, plane, train, slip and fall, dog bites, work related and defective products just to name a few. The most important thing in any accident is to immediately call 911, and not another number like 311 or a medical response company according to county and health district officials. No mater how common or rare an accident is, reporting it should be one of the first things that happen after an accident.

An accident occurred at a Las Vegas casino a couple years ago and they were fined for their failure to do so after a man fell 40 feet to his death. A major reason this is so important is the Southern Nevada's dual response system that sends a fire department and a paramedic team simultaneously to the scene of an accident.

If you have been injured in an accident or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours, or call toll free 866-414-0400.

A lawsuit was filed against a major U.S. health insurer named Cigna, early in March of this year, for $100 million dollars by a veteran manager claiming company policy blocked her from promotions and higher paying jobs based on her gender. Brenda Karp worked for Cigna for 14 years and last year was denied a promotion because she "came across to aggressive" in an interview. After she complained to the company, they responded by taking away some of her territories.

The company is charged with violating the U.S. Civil Rights Act and the Massachusetts state law banning gender discrimination. The lawsuit takes issue with a forced system that "limits managers to categorizing a certain percentage of employees" and ranks them using a bell curve. The lawsuit contends this "bars female employees from better and higher-paying positions which have traditionally been held by male employees."

The full article is featured on Reuters.com: Lawsuit Charged Cigna With Gender Discrimination.

Continue reading "Health Insurer Charged with Gender Discrimination" »

Since the late 1980s government contractors have been getting sued under federal laws and the whistleblowers coming forward with the claims have been receiving billions of dollars from the lawsuits. The topic has been receiving a lot of attention in the media lately after the new Dodd-Frank financial reform law surfaced.

The new law calls for bigger payouts from the Securities and Exchange Commission if a violation is reported that results in at least $1 million dollars in sanctions. The last three years awards have been steadily increasing and last year hit a record high of $385 million. Opposition comes from employers who would rather their employees follow internal company policies for reporting problems like fraud and groups that call for caps on these payouts.

Continue reading "Whistleblower Awards Sparking Debate" »