How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

LMRDA Related Legal Questions

The Labor-Management Reporting and Disclosure Act (LMRDA) regulates certain aspects of internal union affairs by guaranteeing rights to union members and imposing responsibilities on union officers. The Act sets forth guidelines for union officer elections, and it provides safeguards for protecting funds and assets by requiring unions to disclose their structure and financial condition. Employees whose rights are directly affected by agreements with the union may seek remedial action under the LMRDA.

Below are some of the top questions on the provisions of the Act answered by legal experts.

What is the statute of limitations in the right to sue a union and employer under LMRDA and Fair Labor Standards Act (FLSA)? Would I have to sue both employer and union in the same charge?

The statute of limitations for any claim under the LMRDA is 6 months (180 days), and for claims involving back pay or unpaid wages, it is two years from the date of the violation. Since both the LMRDA and the FLSA are enforced by the U.S. Department of Labor (DoL), you may file a claim with the DoL. If you believe you have incurred damages because of violations of either of these federal statutes, as a private citizen you have the right to file a suit in the Federal Court.

Also, one is not required to file a claim against both the employer and the union at the same time, though some people do so to save time and expenses in both court fees and attorney fees. If you sue separately, it is the court’s discretion to join both claims.

The president of the private company I work for is refusing to show the members of our union the by-laws of our local contract. How can we legally procure the by-laws?

Since the LMRDA is a federal statute that regulates internal union affairs, section 104 of the Act gives you the right to acquire a copy of any collective bargaining agreement that you, as a member or employee, have negotiated with your local labor organization. If any union member believes that a labor organization has violated his rights under section 104, he may approach the Office of Labor-Management Standards (OLMS) field office in whose jurisdiction the union is located.

Our retirement age is being extended because the pension plan of our company lost over $28 million to a fraudulent scheme. Can my pension money be protected through the fiduciary responsibilities of my own union?

Under the LMRDA, the union comprised primarily of private sector employees has certain fiduciary duties with regard to disclosure of assets and financial management of a union, where non-performance may result in a lawsuit.

In your case, you may contract an employment attorney and consider a federal lawsuit under the LMRDA for both damages and class action depending on the number of employees affected.

The union is not helping me change my seniority day. Who can I approach for help?

The LMRDA gives each union member the right to review the collective bargaining agreement as well as the right to file a civil suit. Here, you have the right to review how seniority is being calculated and may be able to force the union to comply with the written requirement if you are not fully credited for seniority. The DoL website gives more information on the Union Member's Bill of Rights.

The LMRDA has several provisions to safeguard the interests and rights of union members including procedure for removal of a union officer if found guilty of misconduct. The OLMS administers and enforces provisions of the LMRDA to prevent corrupt practices by labor unions and violations of the Act. It also helps unions improve their organizational and administrative effectiveness. If you are a member of your local union, it is best to speak to a legal expert to get an insight into the provisions of the LMRDA.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent LMRDA Questions

  • My employer pays us overtime at the same rate as our normal

    My employer pays us overtime at the same rate as our normal hourly rate. Overtime is paid if you work more than forty hours in a work week. They claim that because they pay us a base salary based on 40 hours per week, which doesn't change even if we work fewer than 40 hours per week, they are entitled to pay the straight rate for overtime. Furthermore, they say that since they allow us to work less than 40 hours per week when we are not busy, they are exempt from the time and a half overtime requirements. I have only worked less than forty hours 3 weeks (and never less than 38). Are they exempt from paying time and a half for overtime
  • How long can a suspension last. I was suspended on a Thursday

    How long can a suspension last. I was suspended on a Thursday pending investigation and told they would call the following monday. Thursday was 2 weeks and they still have not notified me and the payroll clerks told me I'm still showing as active so I took my pto against the time off
  • salary employee

    Hi John, I'm gearing up to discuss my "salaried" position this week. After I approached my employer about the day after Thanksgiving... they paid me for it, but for Christmas they were going to be closed Christmas Eve and day after Christmas... since I brought to their attention of my salary status, and thry were required to pay me... they scheduled me, and only me, to work those days. I think they are pretty mean to do that and I have lost all respect for them...I am sure this next week we will be renegotiating my employment terms. I am planning to search for another job, but in the meantime, I need to be able to stand up to them and make them stick to our agreement...they are claiming ignorance, and didn't know just what a salary employee is. Can you give me suggestions on what to say and how to stand my ground? Thank you!

< Last | Next >
View More Employment Law Questions