Holman Schiavone, LLC

July 2016 Archives

Have you been wrongfully terminated?

Wrongful termination is the termination of an employee's contract that violates the contract itself or employment laws. The contract is crucial in determining whether the employee has been wrongfully terminated. In case no contract was signed, the dismissal can still be deemed as unjust because of the existence of an employment relationship.

Understanding minimum wage and overtime laws in the U.S.

Paychecks are the major motivation for most of the workforce in the U.S. Compensating employees for their good work is the least employers can do. Federal and state governments recognize that wages are important for the workforce, and enforce strict laws to make sure employees receive their fair share of wages. Each state decides its own minimum wage, depending on living conditions and the costs of living.

Lengthy lane closures are typical after head-on collisions

In the aftermath of violent crashes, investigators could require several hours to sort out what happened and arrange for the site to be cleared of the wreckage. This means that travel could be restricted on the affected portions of Missouri highways. Motorists could be detoured for long periods after head-on collisions on the interstates since the speeds at which these accidents occur could cause an inordinate amount of devastation for investigators to sift through and clean up before the road can be reopened.

An Overview of the Family and Medical Leave Act

The Family and Medical Leave Act ("Act") was passed over two decades ago, and it is still relatively misunderstood. The purpose of the Act was to give workers the flexibility to care for a sick loved one without fear of losing their job. It is still a difficult dispute to overcome as employers still hold the majority of the power in an employee-employee relationship. There are many questions and concerns that employees have, to this day, concerning FMLA (Family and Medical Leave Act)

Many head-on collisions happen when a driver crosses the line

Many highways here in Missouri and elsewhere do not have medians between the opposing lanes of travel. The only thing keeping drivers in their lanes is a line along the center of the roadway. Unfortunately, many head\-on collisions happen when a driver crosses this line into oncoming traffic.

Appellate court decision favors NFL in "Deflate-gate" case

What started as a silly dispute between one millionaire and another has evolved into a titanic struggle that pits union and labor rights against business interests. At the center of this controversy is Tom Brady, the Patriot's quarterback, and Roger Goodell, the Commissioner of the NFL. The "Deflate-gate" scandal centers around allegations that Mr. Brady deflated footballs used in a playoff game. It was alleged that this improved the grip on the ball and gave Mr. Brady an unfair advantage. The dispute involved scientists and lawyers from all over the country.

House to debate bill regarding LGBT rights in the workplace

On July 12, 2016, the House Committee on Oversight and Government Reform plans to meet to discuss a potentially upcoming bill that would allow businesses, non-profits, governments and other entities to deny services to an LGBT person if it conflicts with their religious belief. This proposed law is the latest in a series of bills, some passed some rejected, that curtail the rights of LGBT individuals. It appears that the bill will likely pass committee but it is unclear if it will pass a general vote by the entire House.

Democrats adopt $15 minimum wage in party platform

The Democratic Party, due to the urging of Senator Sanders, has adopted a $15 minimum wage as a party platform. The party platform refers to the positions that the Democratic Party will take during the election and the goals that they will try to achieve. The $15 minimum wage marks a significant victory for Senator Sanders, which made that a central tenet of his campaign.n.

Many motorcycle accidents result in traumatic brain injuries

Motorcycle riders are in a precarious position on Missouri's roadways since they do not have the same protections that occupants of passenger cars have, yet they can travel at high speed. They often suffer traumatic brain injuries (TBIs) in accidents, regardless of whether they were wearing helmets. Researchers at the National Institutes of Health have identified six brain functions that appear to be affected most often in those who suffer from TBIs, and they can be life-altering.

Department of Labor implements new civil penalties

For years the civil penalties that government entities could levy on companies that violate their employees' rights have been stagnant. Congress did not allow the agencies to peg the penalties to inflation. The net result was that the "bite" of the penalties was slowly eroded over time until they were essentially meaningless. But last year, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to advance the effectiveness of penalties.

Gretchen Carlson of Fox News files harassment suit

This story illustrates that no matter how powerful or influential you may be, it is still possible for someone else to think they can assault or sexually harass you. Gretchen Carlson of Fox and Friends and the Real Story with Gretchen Carlson was unable to renew her contract that ended in June 2016. She then abruptly went off the air.

Racial Discrimination in the Workplace by the Numbers

The Equal Employment Opportunity Commission (or “EEOC”) is charged with investigating and preventing instances of workplace discrimination. It is a wide mandate that covers a variety of discrimination types including: racial, national origin, color, sex, religion, age and disability. Workers may file an anonymous complaint and the EEOC will follow-up and investigate to see if there is any merit. If they find merit with the claim, then they prosecute and levy a fine against the employer.

Fires, deaths and injuries can result from rollover accidents

What happens to a vehicle and its occupants during a crash in which a vehicle flips is unpredictable. For example, some people survive rollover accidents with injuries that range from minor to severe, and some do not survive at all. This might be best illustrated by a crash that recently took place on 291-Highway here in Missouri.

Home care workers wage rights are protected by law

Home care workers, like certified nursing assistants, are among the most over-worked and under-paid professions in the United States. Many home care workers often work two or three days straight without any significant breaks. These situations force workers to take brief naps in their car, grab a bite in between clients and other quick fixes. It is a disservice to the patients and families they help and it crushes many home care workers who are dedicated, hard-working and love their job.