Legal Developments

Many public employees feel they can speak their mind on the job and be shielded from retaliation based on the Free Speech Clause in the First Amendment to the United States Constitution. While this may be true in some cases, the Supreme Court recently limited the ability to bring a First Amendment claim by adding another hurdle to the already difficult path to victory.  Added July 7, 2010 by Thomas C. Wooldridge.

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The white collar crime that is receiving some of the most interest by the FBI is Mortgage Fraud. There are 28% more FBI agents investigating Mortgage Fraud now than there were in 2003. Mortgage Fraud can take many forms but at the heart of any form of Mortgage Fraud is some type of material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase or insure a loan. Added July 7, 2010 by Thomas C. Wooldridge. Click here to read more...

Wage and Hour Law refers to disputes rising under the Fair Labor Standards Act (FLSA). The FLSA regulates the current minimum wage, overtime pay, record keeping and child labor laws. Specifically, the increases in suits under the FLSA focus on either minimum wage or overtime pay violations. Almost every employer is subject to the FLSA, including state, federal, and private employers.

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 In a case that illustrates both the severity of punishment for white collar offenses, as well as the need to develop a sound sentencing strategy early in the process, the Eleventh Circuit affirmed the conviction and 30 year sentence of Chalana McFarland.

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A recent Labor Department study revealed that many workers do not take federally protected medical leave simply because they are afraid of losing their jobs. Given the current job market, this may seem like a reasonable fear. However, employees who use medical leave have a legal recourse under the Family Medical Leave Act against employers who violate their rights. One Florida woman recently discovered this when she was awarded $100,000 after her employer violated her rights under the Family Medical Leave Act.  Click here to read more...

2010 marks the 20th Anniversary of the Americans with Disabilities Act.  From its beginnings, the major purpose of this Act was to assure equality of opportunity, full participation, independent living and economic self-sufficiency for disabled individuals.  One way the Act accomplishes this by prohibiting employers from discriminating against employees because of their disabilities.   Click here to read more...