The Unites States Equal Employment Opportunity Commission (EEOC) is the Federal agency responsible for investigating discrimination claims brought under and enforcing Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA). States and cities also have agencies that enforce state and local anti-discrimination statutes and ordinances. The way in which you proceed before the EEOC and/or the state agency investigating your claim may impact your rights and can even limit the remedies available to you. The Law Offices of Stephan T. Mashel have experience  [ Read More ]

The Employee Retirement Income Security Act of 1974 (ERISA) (Pub.L. 93-406, 88 Stat. 829, enacted September 2, 1974) is an American federal statute that establishes minimum standards for pension plans in private industry and provides for extensive rules on the federal income tax effects of transactions associated with employee benefit plans. ERISA was enacted to protect the interests of employee benefit plan participants and their beneficiaries by: Requiring the disclosure of financial and other information concerning the plan to beneficiaries; Establishing standards of conduct for plan fiduciaries; Providing for appropriate remedies and access to the federal courts. ERISA is sometimes used to refer  [ Read More ]

The Fair Labor Standards Act is a federal statute originally passed in 1938 setting minimum hourly wages, and maximum daily and weekly work hours after which overtime rates must be paid. The Act also restricts child labor in industries engaged in interstate commerce. Public employees were included in the Act in 1974. The Fair Labor Standards Act’s (FLSA) basic requirements are: 1. Payment of the minimum wage; 2. Overtime pay for time worked over 40 hours in a workweek; 3. Restrictions on the employment of children; and; 4. Recordkeeping.; In order for the FLSA to apply, there must be an  [ Read More ]