Aaron Hotfelder is a legal editor at Nolo specializing in employment law and workers' compensation law. He has written for Nolo and Lawyers.com since 2011, covering topics ranging from workplace discrimination to unemployment benefits to employee privacy laws. He's a member of the National Employment Lawyers Association (NELA).
Books and citations. Aaron has edited a number of Nolo titles, including The Manager's Legal Handbook, Dealing With Problem Employees, and Working With Independent Contractors, and is a co-author of The Employer's Legal Handbook. Aaron's work has been cited by U.S. News & World Report, TheStreet.com, the St. Louis University Law Journal, and the Minnesota Law Review, among many other outlets.
Early legal career. Prior to joining Nolo as a legal editor, Aaron worked at a small law firm in Columbia, Missouri, representing clients in Social Security disability, long-term disability, and workers’ compensation cases. He later spent three years serving as an employment law consultant for a human resources and benefits compliance firm.
Education. Aaron received his law degree in 2010 from the University of Missouri School of Law. He holds a B.S. in criminal justice from Truman State University, known by some as the "Harvard of Northeast Missouri."
Articles By Aaron Hotfelder
When a formal charge of sexual harassment is filed with the EEOC or the Hawaii Civil Rights Commission, or a sexual harassment lawsuit is brought in federal court or Hawaii State court, one primary issue will be what (if anything) the employer did to prevent or stop the harassment.
If you've recently been fired or laid off, you may be wondering whether you have any legal claims against your employer. Many fired employees don't: Because employees are generally presumed to work "at will," they can quit at any time, and they can be fired at any time, for any reason that isn't illegal.
In New Jersey, someone who receives severance pay or a severance package from a former employer may also apply for unemployment benefits. As long as the severance is paid in a lump sum, is intended to recognize past years of service, or otherwise doesn't extend the person's employment with the company, it won't affect unemployment eligibility.
California wage and hour laws are much more protective of employees than the federal Fair Labor Standards Act (FLSA). Under FLSA, companies are required to pay overtime compensation only to employees work more than 40 hours in a single workweek.
"Prima facie" is a Latin term that means "on its face" or "at first glance." In court, a litigant makes a prima facie case by presenting evidence that, if believed by the judge or jury, would be sufficient to support the allegations in the lawsuit. An employee who brings a discrimination case under
Oral employment contracts (sometimes called "verbal" contracts) are simply contracts that are spoken and agreed to aloud rather than reduced to writing. It's common for employers and employees to enter into short oral contracts at the start of the employment relationship.
Employers tend to gather a lot of paperwork on employees, from employment applications and resumes to benefits forms, performance evaluations, disciplinary documentation, contact information, and even medical records. The law requires employers to keep some information confidential, but not all of it.
About one third of Americans are obese, defined as having a body mass index (BMI) of 30 or higher. (BMI is based on weight and height; someone who is 5'9" would have to weigh at least 203 to qualify as obese.) No federal law protects employees from discrimination based on obesity or weight per se; only one state (Michigan) and a handful of local governments provide this protection.
When you leave your job, whether you quit, are fired, or are laid off, you are entitled to receive all of the compensation you have already earned. State laws determine how much time the employer has to get you your final paycheck. Sometimes, the time limit depends on whether you left voluntarily or
In every state, employers are free to ban smoking at work. Some are required to do so by law; others choose to have a smoke-free workplace to protect the safety and health of employees and customers.