Ty Hyderally is a NJ employment lawyer who shares his expertise on many occasions. He travels extensively to speak to a wide variety of audiences on the topic of employment law in an effort to educate both employees and employers on how to maintain a safe workplace for everyone. Tayeb Hyderally works with corporate officials to develop policies and procedures which help protect the company from law suits regarding employment law. Each company is responsible for having policies in place which protect employees as well as well defined procedures for employees to follow if they feel they have been treated unfairly. One of the most common law suits against employers has to do with the Fair Labor Standards Act. As in this case, the tendency of the courts is to reject class and collective actions involving meal break deductions. Continue Reading
Tayeb Hyderally has many years of successful litigation in employment law cases. He is highly respected for his expertise in this multifaceted area of practice and is frequently invited to be the keynote speaker for seminars where he addressed attorneys, corporate officers and human resource professionals. Ty Hyderally also works closely with individuals on the corporate level to help develop policies and procedures that are in full compliance with employment laws. Tayeb Hyderally works diligently educating business personnel to ensure that both employee and employer are aware of the many different aspects of employment law and that they understand their rights and responsibilities in keeping the workplace free from discriminatory practices of any kind. This case is one in which a company wrongfully terminated an employee based on a disability. The Americans with Disabilities Act (ADA) prohibits such discriminatory practices and the company is liable in such cases. Continue Reading
The Family and Medical Leave Act (FMLA) like many other aspects of employment law can have many different applications and can be very complicated for employees to understand. It is also just as difficult many times from the employer’s perspective when it comes to protecting employee’s rights and staying within these guidelines. Tayeb Hyderally is an expert employment law attorney who makes it a point to explain FMLA such that it is easily understood and applied by businesses and individuals alike. The difficulty lies in the unique circumstances surrounding every case. As an expert employment law attorney Ty Hyderally works to inform individuals and businesses how it applies to their specific situation and how they can all work together to protect everyone’s rights under this law. Continue Reading
Ty Hyderally chose employment law because of the diversity of the field. There are many facets to each law and court cases which set precedents to keep it interesting and in a constant state of change. Employment law is in place to help protect both employers and employees from wrong doing and each of these have certain basic rights and responsibilities to ensure the workplace remains safe and free from harassment or discrimination of any form. FMLA is provided under the umbrella of employment law and is the right of eligible employees. Many cases are cut and dried and easy to decide but the one pertaining to Cynthia Adams had a surprising twist to it. It is not okay to abuse one’s position and then assume that protection remains in place. Tayeb Hyderally works diligently presenting these sorts of topics to a wide variety of audiences so that all parties are aware of their positions regarding matters of employment law. Continue Reading
Tayeb Hyderally is an expert at employment law and to stay informed he dedicates large portions of his time in researching and studying both recent and past cases. He pays particular attention to cases which deal with fresh legal matters and those which set new precedents. Ty Hyderally needs to stay informed on the rapid changes that can occur in the world of employment law. This is because he makes it a priority to inform large amounts of people about their responsibilities and rights as they pertain to employment law. The Family and Medical Leave Act of 1993 (FMLA) entitles employees who are eligible to take an unpaid leave of absence for specific medical or family reasons. Some of the areas covered under the FMLA are the birth or adoption of a new child, to care for a close family member who is suffering from a serious health condition or if the employee is not able to work due to a serious health condition. When an employee needs to take leave for legitimate reasons, there should be no retaliation. Continue Reading
I am Ty Hyderally; I am an employment law attorney in New Jersey
For years there remained a discrepancy over the amount of pay for men versus women. When performing the same job responsibilities and skill women were paid far less. In February 1963 Secretary of Labor Willard Wirtz sent submitted a letter and a bill to the Speaker of the House of Representatives recommending legislation for “equal pay.” Initially, Congress rejected the bill but after some rewording the bill passed. The wording was changed from “equal pay to comparable work” to “equal pay for equal work.” The new wording indicates that there should be no pay discrepancy for those who perform identical job skills, regardless of whether they are male or female.
The Equal Pay Act of 1963 makes it illegal for employers to pay workers varying rates for the same job performance based on the employee’s gender. The goal of this legislation is to abolish pay discrepancies between men and women for the same job positions, responsibilities and skills.
These discrepancies were deemed to be difficult on the economy. They caused many labor disputes as well was contributed to unequal methods of competition. Wages were depressed and it caused a lowering of the overall standard of living.
The Equal Pay Act of 1963 (EPA) (P.L. No. 88-38, 77 Stat. 56, 59) protects workers from discrimination on the basis of their gender. Employers are prohibited from paying varied wages between the genders for the same job. To the layman, it means that women and men who do exactly the same job and skill levels cannot be paid at different rates of pay. They must be paid based solely on their capabilities to do the specific job as well as carry out all the required responsibilities. An individual cannot be compensated any less in wages or other amenities simply because they are female or male; rather it states equal pay for equal work.
Many questions come to mind as a class action suit continues against corporate giant WalMart. The sexual discrimination case began over a decade ago and is presently being heard by the Supreme Court. The retailer is being accused of systematically discriminating against possibly millions of employees. The chief complaint lies in regard to female employee’s terms of promotions and pay rates.
The primary issue to be decided before the suit can proceed is if the plaintiffs have a valid class action suit or must each file their cases separately. Legal representatives for Walmart claim the cases are too diverse to be tried together in a solitary class action case. However, the plaintiffs argue that single cases would be too expensive and difficult. A trial court, as well as the U. S. Court of Appeals in San Francisco has given the go ahead with the case.
The impact of this case may be enormous. It may literally redefine discrimination law in the U. S. Other corporate giants such as General Electric and Microsoft are watching the case closely as they may potentially be directly affected.
The case began in 2000 when Betty dukes claimed she had been denied proper training for possible promotions. Her legal representative, Brad Seligman, states that Walmart has methodically discriminated against female employees. Women are drastically underrepresented in management positions throughout the company. The case also sites that female employees are paid less than their male colleagues for fulfilling the same job requirements and positions.
There is no doubt that the result of this case will have resounding repercussions no matter which way it is decided. A win for Duke will no doubt incite the rise of many other sexual discrimination law suits. Should it be decided in her favor it will also spur other types of discrimination suits for other minorities and for those with disabilities. However, should Walmart win the case it will make it much more difficult for legitimate sexual discrimination suits to argue that various positions in different stores can have enough in common to be considered a class.
Walmart’s enormous size can actually work against them in this particular suit if the class action should proceed. Statistics is one of the most useful means to proving a discrimination suit in the workplace. This is usually only effective if the company is large enough to have the numbers to do a valid statistical analysis.
No matter which side wins discrimination law could potentially be altered. Corporate America is keeping their eyes on the outcome as are the vast minorities.