The Ticktin Minute March 5, 2018 – Explanation of the “Right to Work” with Regard to Labor Unions

Explanation of the “Right to Work” with Regard to Labor Unions The right to work means that employees must be allowed to work in unionized workplaces, without joining the associated unions or paying regular union dues. Right to work laws are established on the state law level and only some states follow these “right to…

The Ticktin Minute January 15, 2018 – How to determine the Requisite Pay for a Worker with Disabilities Under Section 14(c) of the Fair Labor Standards Act

How to determine the Requisite Pay for a Worker with Disabilities Under Section 14(c) of the Fair Labor Standards Act The Americans with Disabilities Act (“ADA”) protects individuals who have a disability, however, the employer may, in some cases, pay less than minimum wage without being in violation with the ADA law or the Fair…

The Ticktin Minute January 8, 2018 – Can an Employer Pay an Employee Less if they have a Disability?

Can an Employer Pay an Employee Less if they have a Disability? The short answer to this question is that an employer cannot pay a disabled employee less than an employee without a disability, with certain very specific exceptions. Salary and benefits should be based on the position and quality of work such employee produces….

The Ticktin Law Minute January 1, 2018 – Identifying Who is Protected by the Americans with Disabilities Act (“ADA”)

Identifying Who is Protected by the Americans with Disabilities Act (“ADA”) Having a disability alone is not enough to qualify for protection under the Americans with Disabilities Act (“ADA”). A person with a disability must be able and qualified to perform the essential functions of the job that they are applying for (or hired for)…

The Ticktin Minute December 18, 2017 – Reasonable Accommodations Pursuant to The Americans with Disabilities Act

Reasonable Accommodations Pursuant to The Americans with Disabilities Act The Americans with Disabilities Act (“ADA”) of 1990 is a regulation that makes it unlawful to discriminate in employment against a qualified individual with a disability. Qualified individuals with disabilities must be given reasonable accommodations, access to transportation and telecommunications. Generally, organizations with less than fifteen…

The Ticktin Minute December 11, 2017 – Good Faith Bargaining Requirement (Unions)

Good Faith Bargaining Requirement (Unions) When an individual is hired for certain job position and at that job, the workers participate in a Union, then that individual may be required to follow certain formalities, including but not limited to: joining said Union, paying Union fees and engaging in collective bargaining. The National Labor Relations Board…

The Ticktin Law Minute December 4, 2017 – Collective Bargaining

Collective Bargaining Once a Union is formed, the Union members participate in what is called collective bargaining. Collective bargaining involves a negotiation with the employer regarding certain working conditions such as wages, vacation time, insurance, hours of work, subcontracting, relocation and/or other working conditions. Some topics of negotiation may not be mandatory, however, there will…

The Ticktin Minute November 6, 2017 – Independent Contractor vs. Employee (Type of Relationship Factors)

Independent Contractor vs. Employee (Type of Relationship Factors) Determining whether a worker is an employee or an independent contractor is an extremely important task in employment law. There are three sets of factors that determine whether an individual is an employee or independent contractor. (1) Behavioral; (2) Financial; and (3) Type of Relationship. This blog…

The Ticktin Minute October 23, 2017 – Independent Contractor vs. Employee (Behavioral Factors)

Independent Contractor vs. Employee (Behavioral Factors) One of the cornerstones of employment law is determining whether an individual is providing an employer with services as an employee or an independent contractor. There are three sets of factors that are analyzed to determine whether an individual is an employee or independent contractor: (1) Behavioral; (2) Financial;…