Blog – Higgins Law Firm, PLLC

If I refuse to return to work when recalled, will I remain eligible for unemployment benefits?

The State of Iowa is beginning the process of re-opening for business. If I refuse to return to work when recalled, will I remain eligible for unemployment benefits? It depends on your circumstances. On April 27, Iowa Workforce Development (IWD) released a statement providing guidance on unemployment benefits. The guidance provided, in pertinent part, the […]

Guidance Issued for Rights of Meatpacking Plant Workers

As reported by the Washington Post, there have been widespread outbreaks of the Coronavirus in meatpacking plants that resulted in the deaths of at least 17 workers and at least 3,000 employees getting sick. In response, the Centers for Disease Control (CDC) and the Occupational Safety and Health Administration (OSHA) have posted joint guidance for […]

I’m losing work because of COVID-19. Am I eligible for paid leave?

Maybe. The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers (see “Covered Employers” below) to provide certain employees (see “Eligible Employees” below) with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. These provisions apply between April 1, 2020 and December 31, 2020. The Department of Labor -Wage […]

I’m Losing Work Because of COVID-19. Am I Eligible for Unemployment Benefits?

For Traditional W-2 Employees: The economy has been brought to its knees as a result of the novel coronavirus, COVID-19. Restaurants, bars, offices, and other workplaces have closed their doors leaving a lot of people without a paycheck. As a result, a large number of people are filing unemployment claims, and the government has made […]

Unsafe Work Environment Due to COVID-19? You Have Rights.

The Department of Labor (DOL) has put out guidance to the public regarding workplace safety rules related to COVID-19. OSHA has indicated that COVID-19 can be a “recordable illness” if employees are infected due to job exposure. The DOL reminds the public that OSHA’s General Duty Clause applies, which requires employers to furnish to each […]

How Do Reasonable Accommodations Work For FMLA and Employees With Disabilities?

How Do Reasonable Accommodations Work For FMLA and Employees With Disabilities? A reasonable accommodation is a modification or adjustment to a job or work environment that allows a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodations can also include adjustments to allow […]

Should I Waive My Rights Against Age Discrimination?

Should I Waive My Rights Against Age Discrimination? In today’s changing workplace, older employees often feel pressure to move on and make room for younger, cheaper employees, even though “older” employees may be only in their late thirties or early forties. Those who are in the workforce in their fifties, sixties and beyond feel incredible […]

What Constitutes an Adverse Action Violating Employee Rights?

What Constitutes an Adverse Action Violating Employee Rights? When an Iowan’s employee rights are violated, he or she may be confronted with various sanctions for exercising those rights. For a worker who lodges a complaint that there was a violation of these rights, an investigation will look for certain aspects to assess whether the employee […]

Legal Assistance in Dealing with a Hostile Working Environment

Legal Assistance in Dealing with a Hostile Working Environment Although sexual harassment is an ongoing problem in Iowa and across the nation, its ancillary effects are often as problematic or worse for workers who are dealing with it. For many, being harassed by a boss, a supervisor, a co-worker, or a customer is bad enough, […]

Can My Workplace Discrimination Claim Be Kept Confidential?

Can My Workplace Discrimination Claim Be Kept Confidential? Iowans who are confronted with an employee rights violation and are hoping to file a complaint about it to the Equal Employment Opportunity Commission (EEOC) will often be worried about confidentiality and the chance that they will suffer retaliation and other repercussions because of speaking out. This […]