Edward Still, attorney and mediator

Wage and hour law

Federal law (the Fair Labor Standards Act) establishes minimum wage and overtime rules for many -- but not all -- employees. The rules are quire complicated and cannot be summarized easily.

Generally, the minimum wage is $5.15 per hour.

Note: the Department of Labor recently revised its overtime regulations. Under the new regulations (effective 23 August 2004), most workers earning less than $23,660 per year or $455 per week are guaranteed overtime protection. For those earning more, the new rules may allow for overtime even if the employee was formerly exempt. The Department of Labor has summarized the new rules on its website. There may be more factors to be checked before coming to a final decision about your overtime eligibility in general or in a particular situation.

If you have believe you are not being paid the minimum wage of $5.15 per hour or are entitled to overtime for work of more than 40 hours per week, please call my office to set up a consultation.

Non-competition agreements

Non-competition agreements are contracts between employers and employees (or sometimes between former partners, or the buyers and sellers of a business) that the employee will not compete with the employer after the employment ends. Because these agreements restrain the freedom of the employee to seek other work, Alabama law restricts the use of these agreements. Suits under non-compete agreements are often brought against the former employee and the new employer. Suits may also be brought by the employee or the new employer for a declaration that the non-compete agreement is invalid. Courts will review such agreements for reasonableness of the restrictions imposed by the non-competition agreement.

Alabama law also provides protection against the misuse of a companys trade secrets by its former employees or competitors. Companies sometimes bring claims under the Trade Secrets Act when the employee has not signed a non-competition agreement or a court has held the agreement invalid.

I will be happy to discuss non-competition agreements or trade secrets problems with

companies wishing to use them

companies hiring employees who are subject to such agreements

employees who are subject to them

Please call my office for an appointment.

Employment discrimination

Federal law prohibits an employer from discriminating against employees or applicants for employment on the basis of

race

national origin

sex (including sexual harassment and denial of equal pay)

religion

age

disability

Most of these laws apply only to employers with more than 15 employees, but there are exceptions.

For additional information on employment discrimination, see these websites:

Workplace Fairness

Equal Employment Opportunity Commission

AFL-CIO

These are complicated laws -- there are at least a dozen multi-volume sets on them. While these websites will give you some general information, consulting an attorney about your situation (in advance or taking any action, if possible) is usually the best route if your employer is discriminating against you.

If you have questions about these discrimination laws and how they apply to your situation, please call me office to set up a consultation.

COBRA

A federal law called COBRA (don't ask what that stands for) requires most employers with 20 or more employees to allow employees and their dependents to continue any health insurance plan at their own expense (at 2% over the group health plan cost) in certain situations.

For more information on COBRA, consult these websites:

Workplace Fairness

Department of Labor

This is a complicated law (there are several books just about this law). While these websites will give you some general information, consulting an attorney about your situation (in advance, if possible) is usually the best route if your employer is not giving you the benefits you believe you deserve.

If you think your employer has interferred with your COBRA rights or discriminated against you for exercising your rights under the COBRA, please contact my office for a consultation.

(The Workplace Fairness website contains a wealth of information about your rights as an employee. It is provided by the National Employment Lawyers Association, of which I am a member. )

Family and Medical Leave Act

The Family and Medical Leave Act (sometimes called FMLA) provides that you may take an unpaid leave -- usually 12 weeks -- without losing your job in certain situations. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

Your employer may not interfere with your FMLA rights (such as discouraging you from taking leave or throwing up unreasonable roadblocks) and may not retaliate against you for taking FMLA leave (such as firing or demoting you for taking FMLA leave). In many situations, your FMLA leave can not be used against you for purposes of deciding on your attendance record.

For additional information on the FMLA, see these websites:

Workplace Fairness

Department of Labor

AFL-CIO

This is a complicated law -- the American Bar Association is working on a book to explain the law to lawyers (and I am contributing some case summaries for the book). While these websites will give you some general information, consulting an attorney about your situation (in advance, if possible) is usually the best route if your employer is not giving you the benefits you believe you deserve.

If you think your employer has interferred with your FMLA rights or discriminated against you for exercising your rights under the FMLA, please contact my office for a consultation.

(The Workplace Fairness website contains a wealth of information about your rights as an employee. It is provided by the National Employment Lawyers Association, of which I am a member. )