The Law Offices of Michael T. Smith

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Employment Law

Fair Labor Standards Act Salaried Workers Exemptions
The Fair Labor Standards Act of 1938 (FLSA) requires employers to pay a minimum wage and a premium hourly rate (time and one-half pay) for any hours worked in excess of 40 hours in a given week. Under the FLSA, however, certain salaried employees are exempted from the overtime pay guarantee. More...
Strikes under the National Labor Relations Act
The National Labor Relations Act of 1935 (NLRA) provides that employees have a right to engage in certain "concerted activities," which include strikes, for the purpose of collective bargaining or other mutual aid or protection. The NLRA also specifies that it should not be interpreted to impede or diminish employees' rights to strike. The NLRA does, however, place limits upon this right. Under the NLRA some strikes are legal and some are not. More...
The Equal Pay Act and "Equal Work"
Background of the Equal Pay Act of 1963 More...
Remedies Available in Title VII Employment Discrimination Actions
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, sex, religion, or national origin. Actionable employment discrimination can stem from adverse employment actions like being fired or demoted on the basis of race, color, sex, religion, or national origin. It can also stem from a hostile work environment created by pervasive or substantial sexual harassment. If an employee believes that he or she is the victim of unlawful employment discrimination, he or she may pursue remedies under Title VII. More...
Arbitration - Costs
One of the most common reasons a labor union and an employer turn to arbitration as a means of dispute resolution is that it is a less expensive alternative to a trial (or a strike). Based on the format of the arbitration and the use of attorneys, this is generally true. There is great variance on the actual costs of arbitration, however, and it is a good idea to understand how those costs are determined. More...

Areas of Practice

  • Age Discrimination
  • Americans with Disabilities Act
  • Business Litigation
  • Civil Rights
  • Divorce
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The Law Offices of
Michael T. Smith
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