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Private Sector and Federal Employee Law Blog

Tip sharing: Is it legal?

Many workers rely on tips to make a living. Wait staff, bartenders, baristas, hair stylists, and cleaning staff are just some examples of employees who rely on tips.

One common practice in industries where tipping is the norm is tip sharing. Tip sharing involves pooling tipped employees’ earnings and dividing them among employees. The tips may be divided among tip-receiving employees and other employees such as dishwashers, bussers, cooks, and others who don’t commonly receive tips themselves.

How are immigrants discriminated against at work?

If you have moved to the U.S. for work, or are considering immigrating to the country to pursue a job, you may have an array of uncertainties, stressors and immigrations issues to deal with. In Washington, D.C., and all over the country, there are many opportunities that can help immigrants further their lives. Unfortunately, some of them experience discrimination in the workplace and it is vital for you to recognize and take action if you ever experience discrimination yourself.

According to the U.S. Equal Employment Opportunity Commission, employment immigrants may be discriminated against at work in many different ways. For example, they may be unlawfully discriminated against as a result of their national origin or the fact that they associate with people who are part of a certain national origin group. Employment immigrants may also be treated unfairly because of their citizenship status, the place their ancestors were born, the way they dress or look and their accent.

What is parental status discrimination?

Many people are aware of the prevalence and unacceptable nature of discrimination based on an employee's age, race or religious beliefs. However, in Washington, D.C., and cities all over the U.S., workers are subjected to many other types of discrimination, such as parental status discrimination. If you think that you may have been illegally discriminated against based on your status as a parent, you should assess the details of what took place and go over your options.

According to the U.S. Equal Employment Opportunity Commission, Executive Order 13152 prohibits parental status discrimination. Whle the EEOC does not include parental status discrimination as a covered basis when enforcing discrimination laws, this form of discrimination may constitute disability discrimination or sex discrimination, dependin on the details of what happened. Moreover, if you are a federal worker or are applying for a federal job, you should remember that this form of discrimination is prohibited in the federal workplace by government policy.

How are employees discriminated against in the workplace?

Every single day, people are subjected to discrimination at work. In some instances, this discrimination is against the law and victims can take steps to hold offendors responsible. If you suspect that you have been targeted by unlawful discrimiation in Washington D.C., it is crucial to take action at once. Furthermore, by reviewing some examples of illegal discrimination, you can have a better idea of which actions are against the law and may notice violations at your place of work.

According to USA.gov, there are many ways that unlawful discrimination manifests itself in the workplace. For example, a worker may be denied a reasonable accomodation that is necessary because they are disabled or believe in a particular religion. Moreover, an employee may be harassed or treated unfairly on the basis of their ethnicity, pregnancy status, disabiliy, gender or age. You should also realize that your employer cannot retaliate against you for participating in a discrimination investigation or filing a complaint yourself. From being demoted to losing a job and being subjected to constant verbal abuse at work, discrimination can make employees suffer in many ways.

Overcoming problems that arise in obtaining security clearance

You know there may be a problem with obtaining or maintaining security clearance when you are filling out your application. The form will ask you questions which you may not feel comfortable answering candidly.

These questions may be very personal, about past drug use, a gambling problem, mental health issues, credit issues, criminal arrests/convictions, or dishonorable discharges from the military.

What constitutes unlawful age discrimination?

As an employee, you may have all sorts of concerns at work, whether you are worried about completing a project on time or have a considerable amount of stress due to a heavy workload. If you work in Washington, D.C., or another part of the country, you should not have to suffer because of illegal discrimination based on your age. In order to address any occurrences of this discrimination, it is important to understand what constitutes unlawful age discrimination.

According to the U.S. Equal Employment Opportunity Commission, workers who are over the age of 40 are protected from discrimination based on their age. Some examples of illegal discrimination include firing an employee because they are older, refusing to promote a worker or hire an applicant solely because they are above the age of 40 years old or even assigning certain job tasks based on a worker's age.

Do I qualify for medical leave?

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Medical leave allows employees to take time off for important family and medical reasons. Employees who meet certain qualifications are eligible for up to 12 weeks of unpaid leave every year under the Family Medical Leave Act (FMLA).

Unfortunately, some employees are wrongfully denied FMLA leave and some may experience some form of retaliation from an employer for taking it.

Addressing disability discrimination in the workplace

In the modern era, it is a sad fact that discrimination continues to affect employees from all sorts of backgrounds. If you experience discrimination, your career and your entire life may be affected in many ways. At Alan Lescht and Associates, our firm knows how upsetting discrimination can be and we also understand the financial toll of unfair treatment. In addition to religious discrimination, gender-based discrimination and racial discrimination, employees are also discriminated against because of their disabilities. In Washington, D.C., and in cities across America, it is pivotal for those who suspect unlawful disability discrimination in the workplace to take action.

Whether an employer fails to make reasonable accommodations for an employee with a particular disability or a worker is denied benefits that he or she is entitled to, disability discrimination takes many forms. Moreover, disability discrimination may occur during the application process if an employer refuses to hire a qualified and capable employee solely because of his or her disability. Sometimes, those who are expecting a child are also subjected to discrimination at their place of work.

RIFs in the Trump Era: Reemployment Rights after a RIF

Welcome back to our series on RIFs in the Trump era. If you missed Parts One and Two of the series, click here. Today is our final installment of the series, where we will discuss reemployment rights after a RIF.

What are reemployment rights?

Employees who are separated due to a RIF have reemployment priority rights. Agencies use a reemployment priority list ("RPL") to rehire employees separated as part of a RIF. In filling any vacancies that arise after a RIF, an agency must give priority to certain former employees on the RPL over certain outside job applicants. Agencies are also permitted to consider RPL registrants before considering internal candidates.

RIFs in the Trump Era: Appeals and Grievances of RIF Decisions

Welcome back to our series on RIFs in the Trump era. If you missed Part One of the series explaining what RIFs are, click here to read. Today we will focus on appeals and grievances of RIF decisions. Don't forget to come back on Friday, where we will focus on reemployment rights after a RIF.

Who can appeal a RIF?

An employee has a right to appeal a RIF decision or a furlough that lasts more than 30 days to the MSPB. An employee who voluntarily retires pursuant to a RIF may also appeal their retirement if it is based on misleading or inaccurate information.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
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I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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