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Lawrence J. Sherman

Lawrence Sherman’s Legal Guides

7 total

  • Enforcement of Employee Rights Under Collective Bargaining Agreements

    I.Introduction A.Employment lawyers frequently receive a question from a potential client that goes as follows: I work for an employer, who is covered by a collective bargaining agreement (CBA), but do not have any confidence that my union will effectively represent me. Do I h...

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  • What Every Employee Needs to Know About Employment References

    While employment references are a popular subject for both media and water cooler discussion, much of the commentary actually misses the point. Employers now almost uniformly conduct reference checks before hiring a new employee, as well as periodically for current employees, to...

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  • Conducting An Investigation Into Claims of Unlawful Employment Discrimination

    Nature of Undertaking The idea is to get the witness talking and gain his or her confidence. While promises of confidentiality can be provided, they must be qualified since none of these witnesses will be covered by the attorney-client privilege, but at most qualified litigation ...

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  • Is Alternative Dispute Resolution A Viable Alternative to Going to Court?

    It is now commonplace to use Alternative Dispute Resolution (ADR) to resolve employment disputes, including discrimination cases arising under Title VII, the ADEA, and parallel state and local legislation. Employment agreements frequently contain mandatory arbitration provisions...

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  • The Realities of Agreements Not to Compete

    Employers commonly place limitations that prevent professional, executive, and skilled employees from taking subsequent jobs with their customers/clients and/or potential and actual competitors. These restrictions may be included in an employment contract or separate agreement, o...

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  • Primer on Overtime Pay

    Overtime Pay The overtime premium is half of your usual hourly rate. This means you are entitled to time and a half the employees usual hourly rate plus the 50% overtime premium for every overtime hour you work. Not all employees are eligible to receive overtime. An employee...

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  • Employer Credit Reports

    It is common practice for employers to secure credit reports on current and prospective employees. While this information can be easily obtained by subscribing to a commercial credit reporting service or by hiring a company specializing in conducting employment investigations, th...

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