Wanta Thome PLC

Tesla recently announced a 10% reduction in its workforce. It’s been reported that the company is offering laid-off employees severance pay and continued healthcare benefits. Despite misconceptions, most employees aren’t automatically entitled to severance pay during layoffs or plant closings. However, the WARN Act does offer crucial notice protections for those caught in mass layoffs. In our latest article, we analyze what the WARN Act means for employees and employers and answer common doubts. Read the full article. 👉 https://bit.ly/4aqgrgl

Toxic workplaces are not always Illegal. But there are some early signs of illegal conduct employees need to keep an eye on: 1. Dismissing complaints Employees should be wary if their concerns regarding workplace mistreatment are routinely dismissed. An intimidating red flag arises if an employer responds to such issues with indifference or retaliation instead of taking appropriate action. 2. Inconsistent application of policies Another warning sign includes an inconsistent application of workplace policies. When the same rules apply differently to different people, it can indicate bias or discrimination. Pay close attention if certain employees consistently face harsher consequences or, conversely, receive undue lenience. 3. Pressure to work off-the-clock Be alert to pressures to perform work tasks without proper compensation, as this is not just unethical — it's illegal. Even subtly framed suggestions to work through breaks, stay late without pay, or take work home can be early indicators of an employer's disregard for labor laws. While a less-than-ideal work environment doesn't necessarily equate to illegality, there are clear patterns that employees should be aware of.

Three new team members! Join us in welcoming the latest additions to the Wanta Thome team. 🙌 Our team is rapidly growing, and we’ve recently welcomed: - Berenice Gorosito, who has joined us as an Intake Paralegal - Sophia Norha, our new Operations Specialist and Receptionist - Carla Vittori, also joining as an Intake Paralegal We are excited to have such talented individuals on board. Welcome to the team, Berenice, Sophia, and Carla!

The FTC approved a rule to dismantle non-compete clauses in employment agreements. But what impact will this have on employees and contract negotiation? The FTC’s decision targets the elimination of non-compete agreements, which have long restricted employees’ ability to move freely within their industries post-employment. However, with business consortiums already filing lawsuits to challenge this mandate, the future of non-compete agreements appears uncertain, and employees must proceed with caution. Read our full blog post on this new mandate and what it could mean for you. 👉 https://bit.ly/4bvkCZ1

Negotiating an employment contract can feel intimidating. Especially if you’re unfamiliar with common traps you might fall into! We asked our attorney, Scott Moriarity, about the pitfalls employees should avoid in contract negotiations. He highlighted three major ones: 1. Assess your leverage Not all situations lead to effective negotiations. Sometimes, employees have more leverage because they have some reason to sue their employer or because they’re higher-ranking employees with additional rights or benefits. If you’re an executive or key employee, and you have employment agreements or other specialized benefits, there may be terms or issues that increase your leverage. By comparison, if you’re being laid off with other employees, you may have less leverage, and your employer may be less willing to negotiate. 2. Look for terms that affect your future In most negotiations, employers will push for “restrictive covenants,” meaning terms that limit your future activities. For instance, there can be noncompete or nonsolicitation terms that restrict your future employment or business activities. There can also be confidentiality or nondisparagement terms that restrict what you say about your work or business. Depending on what these terms say and the applicable law, there can be problems with their validity or enforceability. You should carefully review proposed agreements, and if you see terms that affect your future activities, that can be grounds for further discussion or negotiations. 3. Consider what happens if things go wrong It’s great to reach a deal with your employer that you’re happy with, but you must also consider what happens when things go wrong. What happens if your employer doesn’t honor its obligations or if your employer accuses you of violating the terms of the deal? Some agreements have binding arbitration clauses, which limit your ability to go to court and require disputes to be decided by an arbitrator. Other agreements may require you to deal with legal disputes in another state’s courts. There may also be “fee shifting” clauses saying that, if you lose, you must pay your employer’s legal fees. These types of terms can limit your options and drastically increase your legal costs. Wanta Thome offers these resources for informational purposes only. Your circumstances may be different. These resources are not legal advice. If you have questions or would like to discuss your circumstances with an attorney, please contact Scott or another member of the Wanta Thome PLC team at (866) 790-4497.

Toxic workplaces are *not always* illegal. These are the differences you should keep an eye on: 1. Practices Toxic workplaces are notorious for poor communication. Updates and decisions are often shared late, inadequately — or not at all. Illegal workplaces, however, are characterized by even more severe issues: discriminatory practices. These may involve unfair hiring, promotion, job assignment, termination procedures, compensation, retaliatory practices, and more. Discrimination may be based on race, gender, age, nationality, religion, or disability, all of which clearly violate employment laws. 2. Atmosphere In toxic workplaces, the atmosphere can be filled with negativity. Employees might constantly face criticism and disrespect, leaving them uncomfortable and unhappy. A hostile work environment, on the other hand, is one sign of an illegal workplace. Actions may include offensive or derogatory remarks, insults, or even physical assaults that impede employees’ work performance. 3. Recognition Lack of recognition is a common issue in toxic workplaces. Employees often feel undervalued and unappreciated for their hard work. The problem takes a severe turn in illegal workplaces: unfair compensation practices. Think of wages that fall below the minimum wage, unpaid overtime, or unjustified wage deductions. Toxic workplaces are damaging, but they’re not always illegal — assess the differences and take appropriate steps!

Salaried workers often put in excessive overtime hours without fair compensation. Now, change is on the horizon. The Department of Labor has finalized a new rule that ensures more American workers are compensated for their overtime work when they work more than 40 hours per week. The rule raises the threshold for salaried employees, marking a significant step toward fairer labor practices. The timeline below highlights the rule’s impact for this and next year and opens the door for further adjustments until 2030.

Navigating life’s transitions can be challenging, but at Wanta Thome, we aim to ease those journeys. Understanding that each of our clients faces unique situations, we prioritize listening with empathy and responding with tailored solutions. As a result, our clients’ needs and well-being are at the forefront of what we do. We’re honored to be a trusted partner during their most challenging times. Your trust is our biggest accomplishment. Thanks to Virginia for sharing her experience!

This Earth Day, we're calling on employees to be relentless advocates for our planet by adopting sustainable practices on the job: (1) - Use Reusable Containers and Bottles: Ditch disposables and single-use plastics by packing reusable food storage, utensils, and beverage bottles. (2) - Organize Green Commutes: Explore eco-friendly transportation options like carpooling, public transit, biking, or walking, your employer may even offer incentives. (3) - Only Print the Essentials: Think before you print, make a habit of going (mostly) paperless conserves resources and reduces your carbon footprint. (4) - Recycle: Take advantage of your workplace's recycling program and learn what materials can be diverted from landfills. (5) - Power Down Electronics: Get into the habit of powering down computers, printers and other electronics when not in use to reduce energy consumption. (6) - Speak Out Against Non-Climate Friendly Policies: If your company has environmentally-unfriendly practices, don't stay silent, exercise your rights to advocate for greener operations. At Wanta Thome, we understand that the path to a truly equitable society requires safeguarding both workplace rights AND environmental justice. Marginalized groups face disproportionate harm from issues like pollution, unchecked climate change, and lack of corporate sustainability. That's why our mission extends beyond just pursuing ethical employment practices. We empower individuals with the legal support needed to be relentless champions for positive change - whether that's standing up against discrimination or pushing for stronger environmental accountability. This Earth Day, we invite you to join our collective force pursuing a better world. Implement one or more of these sustainable workplace tips, and let's continue driving progress towards employment justice AND climate justice together. #EarthDay2024 #EmployeeAdvocacy #WorkplaceGreenTips #EnvironmentalEquity

Your rights matter, and we're here to fight for them. Follow Wanta Thome on Instagram and Facebook to stay informed about our relentless pursuit of workplace justice and visit our https://bit.ly/3Jp5O22 to discover just how we are doing that!