It's that most wonderful time of the year. Mistletoe, eggnog and holiday parties in the office make employment lawyers rub their hands together with glee. That's because we get very busy in January after all the party-related firings. There's sexual harassment, discrimination, recriminations, finger-pointing...

In honor of Jobs Week on AOL Jobs, I want to speak up in praise of an entity that has taken a beating this year – the labor union. Anti-union sentiment has spread from state to state, and union busting has become popular under the banner of money savings. Before your billionaire CEO convinces you that...

With Hurricane Sandy on its way, AOL Jobs is republishing this story. With a hurricane bearing down on the East Coast, I thought it would be important to address what the employer's obligations are if they close the office due to a natural disaster. Whether an employee is entitled to be paid when the...

Most employment cases aren't going to be those big headline multimillion dollar awards. Usually, if you're lucky, you might recover lost wages and benefits. Very few cases result in big money for the former employee, so don't assume you have a winning lottery ticket as soon as a coworker makes a racist or...

I usually recommend against complaining about your boss. It can be satisfying to complain, but complaining can get you fired. There's no First Amendment in the private workplace, and even government employees' free speech rights are limited. If you say your boss is incompetent or unprofessional, you aren't...

Just because you're salaried doesn't mean you're automatically exempt from overtime. Most employees are entitled to be paid overtime (1.5 times your regular hourly rate) under the Fair Labor Standards Act for any hours worked over 40 per week. Some employees are exempt, but not nearly as many as most employers...

I sometimes have people tell me they started their new job and then found out there was no health insurance. They express shock -- but they have to give me insurance, don't they? No, they don't. There is no law requiring any employer to provide any particular benefits to employees. There are some tax...

Almost everyone I talk to about this issue is absolutely sure they're entitled to two 15 minute work breaks and one lunch break a day. Almost everyone is wrong. Before you smart off to your boss who's demanding you return to work before you finish your coffee, here are 10 things you need to know about work...

If you have an impairment that substantially limits a major life activity, you might be covered under the Americans With Disabilities Act. Many people are confused about their rights and responsibilities if they have a covered disability, and whether or not they are covered. Here are 15 things you need to...