Lawinfo Weblog » Labor & Employment Law

Practice Area Spotlight: Labor & Employment

Caitlyn Obolsky, Esq. — Tue, 07 Feb 2012 21:04:15 +0000

Labor and Employment law hasn’t always been as favorable to workers, nor has it even required reasonable working conditions. In fact, if you my post on Lochner v. New York, details the Supreme Court’s take, at the time, that people could work as hard and as long as they “wanted to.” In other [...]

Featured Case that Helped Shape the United States: Lochner v. New York

Caitlyn Obolsky, Esq. — Thu, 01 Sep 2011 15:28:10 +0000

Lochner v. New York 198 U.S. 45 (1905)

This case, affectionately referred to as Lochner, or used in jest when describing someone as “lochnering around,” refers to a case involving various workers in the bread and pastry baking industry in New York at the turn of the century. [...]

How Do Courts Decide Between An Independent Contractor And An Employee?

Mark Sweet, Esq — Tue, 28 Jun 2011 12:52:04 +0000

Companies trying to save money will sometimes hire people as independent contractors. But what happens when those that are hired as independent contractors injure someone else? Generally, the person who employs an independent contractor is not liable for the damages caused by the contractor, but there are some exceptions to this rule. First, the court [...]

If A Firefighter Gets Hurt Putting Out A Fire On Your Land, Can He Sue You?

Mark Sweet, Esq — Fri, 24 Jun 2011 05:34:41 +0000

Firefighters, police officers and other public-safety officials have incredibly difficult and dangerous jobs. To make these jobs even more dangerous, a firefighter or police officer will generally only enter a piece of property when there’s some type of emergency, like a kitchen fire. Not only can a firefighter be injured by the fire itself, but [...]

Should You Be Fired For What You Say On Facebook Or Twitter?

Mark Sweet, Esq — Sat, 18 Jun 2011 18:21:49 +0000

Social media continues to grow, with over 600 million Facebook users growing, this trend is likely to continue. While using Facebook to Twitter is a great way to keep in contact with your family and friends, to spread ideas, or even just to play games, it’s become a hot button issue in the work place. [...]

Can You Be Fired For Smoking Medical Marijuana?

Mark Sweet, Esq — Sat, 11 Jun 2011 12:57:04 +0000

In some states, those suffering from certain diseases are given medical marijuana cards. This allows those patients to purchase, or grow, a certain amount of marijuana to help treat their illness. However, despite some states allowing people to utilize marijuana, it is still an illegal drug to the federal government. This juxtaposition of standards has [...]

Can You Legally Force Someone To Retire Or Is It Age Discrimination?

Mark Sweet, Esq — Sun, 10 Apr 2011 18:20:18 +0000

Retirement, for many of us, it’s a dream of freedom, the chance to travel, and the ability to throw an alarm clock out the window. But what if you’re not ready to retire? Should you be forced to retire once you hit a certain age? Once the economy crashed, some people’s retirement accounts nosedived and [...]

What Is A Moral Turpitude Clause and How Did Charlie Sheen Violate It?

Mark Sweet, Esq — Tue, 08 Mar 2011 17:06:21 +0000

As Charlie Sheen continues to rant and rave, one couldn’t help but notice the letter Warner Bros. sent to him and his lawyer, officially firing Sheen from Two And A Half Men. The letter begins (according to tmz) “your client has been engaged in dangerously self-destructive conduct and appears to be very ill.” That’s all [...]

Illegal Maid & Meg Whitman

Mark Sweet, Esq — Thu, 30 Sep 2010 15:57:33 +0000

By Mark Sweet, ESQ

Meg Whitman, former CEO of Ebay and current Republican Party’s nominee for the governor of California, received some interesting news yesterday. A press conference by, who other than, Gloria Allred (who has represented Nicole Brown Simpson’s family, filed lawsuits against Tommy Lee and Michael Jackson, appeared with a former Britney Spears [...]

Workplace Drug Testing… Can You Be Fired for Medical Marijuana or Other Prescription Drugs?

Lindsey O'Neil, Esq. — Thu, 01 Jul 2010 18:44:51 +0000

By: LINDSEY O’NEILL, ESQ.

Interesting case in the news today… A Wal-Mart employee was fired for failing a customary drug test because he was a medical marijuana user. (This case is in Michigan, which has legalized medical marijuana for qualified medical purposes.) Apparently he was one of Wal-Mart’s best employees – even earning [...]