AOL Jobs Articles & News

Top 10 Things Not To Do At The Office Holiday Party

Donna Ballman — 2011-12-13T11:08:00+00:00

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 - all the stuff of nice legal fees.

Give Thanks To The Labor Movement

Donna Ballman — 2011-10-07T08:35:00+00:00

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 labor unions are bad, please don't forget what life was like in the bad old days before unions.

If The Office Is Closed Due To Natural Disaster, Will I Be Paid?

Donna Ballman — 2011-08-23T16:32:00+00:00

With Hurricane Irene bearing down on the East Coast and earthquakes shaking it up, 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 office is closed depends on whether they are "exempt" salaried or not.

What Can I Get If I Win A Case Against My Employer?

Donna Ballman — 2011-08-03T13:53:00+00:00

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 sexist comment.

4 Times When You Should Complain About Your Boss

Donna Ballman — 2011-07-25T01:15:00+00:00

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 protected from retaliation.

Salaried Workers, Do You Get Overtime Pay? Odds Are You Should!

Donna Ballman — 2011-07-18T15:16:00+00:00

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 and employees assume.

Top Nine Things You Need to Know About Your Employee Benefits

Donna Ballman — 2011-07-11T03:20:00+00:00

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 incentives for employers to provide benefits like health insurance and 401(k) plans, which is why so many do (that, and the executives want them). Also, some large businesses have to pay an assessment if they don't provide health insurance for employees.

10 Things You Need to Know Before You Demand Your Work Break

Donna Ballman — 2011-07-06T12:04:00+00:00

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 breaks.

15 Things You Need to Know About Disability Discrimination

Donna Ballman — 2011-06-29T09:44:00+00:00

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 know about disability discrimination.

11 Things to Know Before You Sign an Independent Contractor Agreement

Donna Ballman — 2011-06-21T13:23:00+00:00

Many employers try to save money on taxes and escape liability under employment laws by getting employees to sign Independent Contractor Agreements. There are some advantages to being an independent contractor, but most people labeled as contractors are really employees. Here are the top 11 things you need to know before (or even after) you sign an Independent Contractor Agreement:

Five Reasons Why the Walmart Decision Doesn't Affect Your Discrimination Case

Donna Ballman — 2011-06-20T13:27:00+00:00

There's been lots of hoopla over the Wal-Mart v. Dukes class action case that the Supreme Court just decided. You may have heard how the decision was a serious blow to class action discrimination cases. Maybe you're worried about your own discrimination case and have some concerns that the Supreme Court decision somehow affects your chances in court or with EEOC.

Top 10 Things You Need to Know If You're Sexually Harassed at Work

Donna Ballman — 2011-06-16T17:47:00+00:00

You're not alone if you are confused about workplace sexual harassment. You may suspect you're being sexually harassed but aren't sure what to do. Or maybe you're being harassed because of your gender and don't realize what you're experiencing is illegal sexual harassment.

Here are the top nine things you need to know about sexual harassment at work:

About to Be Terminated? 10 Things You Must Do to Protect Yourself

Donna Ballman — 2011-06-08T13:05:00+00:00

You've been called into the boss' office. Human Resources is there. Uh-oh. Your hands get a little shaky. Your blood pressure shoots up. You feel the panic rising. You're definitely not thinking straight. When they deliver the bad news, your mind goes blank. What do you do?

Don't panic. Here's a quick reference of things to do -- or not -- to help you think clearly when you get the news that you've been fired or laid off.

Six Ways You Might Be Discriminated Against If You Put Family First

Donna Ballman — 2011-05-31T13:36:00+00:00

While there's no specific law covering discrimination against employees due to family responsibilities, there are laws that may protect you if your employer is big enough.

Unpaid Interns: Learning Experience or Illegal Exploitation?

Donna Ballman — 2011-05-24T07:05:00+00:00

I read Ross Perlin's recent editorial in The New York Times, "Unpaid Interns, Complicit Colleges," with great interest and not a small bit of dismay. As an employment lawyer who has represented employees for 25 years, I wasn't surprised to see that so many for-profit employers are still getting it wrong. The sad truth is that most unpaid internships at for-profit companies are probably illegal.

Nine Signs of Age Discrimination

Donna Ballman — 2011-05-17T05:09:00+00:00

In my experience as an employment lawyer representing employees, I've found that the recession was particularly hard on older employees. They seem to have been disproportionately targeted in layoffs, and they have a much harder time finding new jobs.

Employers might assume you're close to retirement and don't need a job, but that's far from true for most Americans. They might also assume that older employees will miss more work or have more medical issues. Yet statistics show that older employees tend to be the most reliable. It's not only foolish to discriminate based on age -- it's also illegal for most companies to do so.

Is Your Boss Reading Your Email?

Donna Ballman — 2011-05-11T11:38:00+00:00

Most people assume their emails at work are private. Those people are wrong. There are very few laws that protect you from email snooping at work, and most are pretty worthless and weak. That means you should assume your employer is monitoring your email and act accordingly.

If you get funny emails that are in bad taste, don't forward them. You might be accused of sexual (or racial) harassment. Don't write your lawyer on your work email. And for heaven's sake, don't send love notes to co-workers.

My rule of thumb is this: If you don't want it on the front page of the company newsletter, don't email it at work.

10 Workplace Rights You Think You Have -- But Don't

Donna Ballman — 2011-05-03T07:12:00+00:00

As an employment lawyer who has represented employees for 25 years, I find that everyone thinks they already know their rights. After years of watching shows like The Defenders, Fairly Legal and Damages, Americans have absorbed lots of legal information. Unfortunately, most of it is wrong. Before you mouth off to your boss about your rights, I thought I'd share with you the top 10 laws most employees think exist- that don't.