Holman Schiavone, LLC

January 2016 Archives

Federal act protects you from age discrimination

Most people are familiar with the classic examples of prohibited discrimination like race and religion. What you may not know is that your employer is also prohibited from discriminating on the basis of age. Sometimes, employers would prefer to push out older employees in favor of younger and cheaper workers. The federal government prohibits such actions in the Age Discrimination in Employment Act.

Determining causes of head-on collisions can be problematic

With all of the winter weather that has plagued the country lately, driving has become a challenge in some areas, including here in Missouri. This is why troopers with the Missouri Highway Patrol are having to consider it a factor in a recent crash. Determining the causes of head-on collisions can be problematic when road conditions are clear, but when there could be other factors such as weather-related road problems, conducting an investigation into an accident can be problematic.

Is there a distinction between part-time and seasonal workers?

The holidays just ended so many of you may be wondering if you were a part-time or seasonal worker. Employers tend to use these terms interchangeably, which can cause confusion. This confusion allows employers to take advantage of workers and perhaps infringe on their rights.

Do you have rights as a temporary employee?

If you are a temporary employee, your status is typically different from if you were seasonal. Temporary employees, or "temps," are typically hired as a stopgap to temporarily replace a worker that suddenly left or is temporarily on leave. This post will go over the factors that go into being a temp. Hopefully, you will be better armed to discern the difference between temporary and full-time employment.

More than drunk driving accidents led to death increase in 2015

At the beginning of each year, the Missouri Department of Transportation tabulates the number of people who died in car crashes the year before. The number of fatalities in 2015 increased from the prior year to 853. This is the first time that more than 800 people died on Missouri's roads since 2012, and the data shows that it is more than drunk driving accidents that led to last year's increase.

Woman allegedly fired for reporting sexual harassment

It is probably safe to assume that every boss in America knows you can't fire someone for reporting sexual harassment. But every now and then the news reports on an alleged incident in which an employer forgets that very important fact. A woman in North Carolina was fired from her job as a waitress after she reported that a manager groped her while she was on the job.

Sexual harassment by the numbers

Everyone can generally recognize sexual harassment in the workplace. There are some gray areas such as borderline jokes or casual conversations while at work. It is easy to cross the line however these intuitions do not mean much without some hard numbers to really understand the scope of the problem. Is it really as prevalent as the media says it is? Is it overblown? This article hopes to shed some light on this sensitive topic.

Hit-and-run accidents put the lives of victims in jeopardy

When a driver fails to remain at the scene, anyone who might be injured could be in jeopardy. Just as in other cities across the country, some of these crashes here in Kansas City are not discovered for an extended period. Depending on the severity of the injuries suffered by the victims of hit-and-run accidents, the time that they go undiscovered could be the difference between a full recovery, permanent injury or death.

Tips on keeping those work-related New Year's resolutions

That time of year is upon us again: the time to make resolutions. And six months from now the time to realize that no one has met them yet, except that one person on Facebook. What this article hopes to address is to give some tips on how to turn those lofty ideals into manageable steps.

What happens if you work 'off the clock'?

Working off the clock refers to any time you perform your job duties while you are not being paid. It may seem like no big deal on an individual level, you have this work you need to finish, and you just need it done. But generally, it is illegal under the Fair Labor Standards Act. In a perfect world, the rules would morph and work for every situation, but this isn't a perfect world, and so the rules need to be broadly drafted to protect against abuse.

Many highway head-on collisions are caused by wrong-way drivers

There is more than one way that a driver could end up on the wrong side of a Missouri roadway. In many cases, a driver will merge onto the highway going the wrong-way. These wrong-way drivers are often driving at or near highway speeds by the time they encounter an unsuspecting vehicle heading in the right direction. Many head-on collisions are caused in this manner.

You are entitled to a fair hiring process

The prohibition against workplace discrimination is slightly misleading because these protections begin before you start and extend after you leave work. Anti-discrimination laws prohibit the prejudicing of any employee or job applicant because of their race, color, religion or culture in regard to any condition or privilege of employment.

Breaking down EEOC procedures

So, you are thinking about filing an official discrimination complaint against your employer. Maybe it was because of some offensive material in the break room. Or maybe your boss fired you because of your race or religion. Regardless of how you arrived at the crossroads, this article will explain what you can expect from an Equal Employment Opportunity Commission investigation. Specifically, what steps you may have to take and how you may seek compensation.