Employment News
Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) was enacted in 1970, and requires every employer to provide a workplace free from dangers that might cause death or serious physical injury to employees. OSHA bars only recognized dangers-an unforeseeable accident would not violate OSHA-but does not contain specific limits as to what kinds of workplace hazards are covered. Any danger, such as faulty equipment, airborne pollutants, or spilled products, may violate OSHA if the danger is likely to cause death or injury.
In addition, employers are required to post an "Occupational Safety and Health Protection on the Job" poster in the workplace, alerting employees to their right to be free of workplace dangers. An employee who notices a hazardous condition in the workplace should notify the employer and, if the employer fails to take action, may file a complaint with the local OSHA office operated by the U.S. Department of Labor. An employee may also ask the OSHA Area Director to conduct an inspection of the workplace if the employee believes that a hazardous condition exists. An employee who files a written complaint may ask to have his or her name withheld from the employer.
OSHA gives employees the right to see medical information regarding employee exposure to hazardous conditions, observe any monitoring of hazardous materials, see records regarding the use of those materials (such as Material Safety Data Sheets), and appoint a representative to accompany the OSHA compliance officer during any inspection tour. Employees also have the right to be notified by the employer if it seeks a variance from OSHA standards. Finally, an employee may refuse to work when faced with imminent danger of death or serious physical injury in the workplace.
Wrongful Termination
Contrary to popular perception, an employer usually does not need to show "just cause," or that an employee is performing badly or has violated a workplace rule, in order to terminate the employee. Only where the workplace is governed by a collective bargaining agreement or the employer is a public entity is the employer required to make a just cause showing before terminating an employee. Other private employees are employed "at will," meaning that the employer may fire the employee at any time, for any reason or no reason, as long as the reason is not illegal. An illegal reason would be, for example, a reason that violates federal or state anti-discrimination laws.
Family Law
Clients involved in family law disputes need both personal and professional support through times that are highly emotional, but require calm and reasoned decision-making.
Family law is the term that is applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other.
Typically, family law attorneys assist people with the making and breaking of family relationships. Specific areas of representation usually include marriage and relationship planning, divorce, paternity, child custody and child support. Some family law attorneys also provide assistance in the area of adoption.
When you are faced with an important life decision regarding a key family relationship, the advice and assistance of an experienced family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of the family-related concern you face.
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Child Support
There are more than 13 million divorced parents with sole custody of their minor children in America. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier for America's single parents. Every state uses its own guidelines for establishing child support and each has various methods to set support amounts and recover support when it is overdue.
It is important to consult with an experienced family law attorney if you need help with a child support related issue. An attorney with experience in the area of child support will help you understand the laws in your state and the rules for child support collection and enforcement that apply to your particular situation, whether you are ending a marriage or are already divorced, have questions about paternity or are the parent paying support.
Divorce
Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves business and legal questions that must be resolved. An experienced family law attorney will help you to understand the basic issues and use a rational perspective to approach the process.
Grounds for Divorce
Traditionally, every state required a person filing for divorce to prove "grounds" or some type of spousal fault in order to obtain a divorce. Today, the majority of states allow at least one form of "no-fault" divorce, which does not require proof of fault. If no-fault divorce is available in your state, either member of the couple may obtain a divorce, even if the other party does not consent to the divorce.
Custody & Visitation
When parents divorce, they need to learn the child custody and visitation options that are available to them and the legal standards applied to the different options. In most cases, divorcing couples are ultimately able to agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, knowledgeable advice and representation from an experienced family law attorney often makes the difference.
Custody Basics
The set of parental responsibilities regarding day-to-day care of the child as well as the rights to direct the child's daily activities is known legally as
physical custody
.
Legal custody
means the rights and responsibilities associated with decisions regarding the child's upbringing.
Marriage
Marriage is a voluntary, private contract between a man and a woman. While it is a personal and emotional commitment, it is also a legal relationship that changes the legal status of both parties. The legal rights and obligations associated with marriage have evolved with our society and today are equitable between both parties. Each state has its own rules about marriage, but there are some uniform principles.
