Author: David P. Martin
Equal Pay is the Law, But Does it Have Teeth?
Alabama Clarke-Figures Equal Pay Act at Ala. Code § 25-1-30 requires that an employer (inclusive of public employers) cannot pay persons performing the same work different rates of pay when they have the same skill, effort, education, experience, responsibility, and
If You Aren’t Exhausted, You Ruined Your Case
Usually, we shy away from doing things to the point of exhaustion. However, in some areas of the law, you have to exhaust all procedural processes, or the merits of your case will not matter. Employment law, including ERISA, is
Failure to Have the Plan May Be a Plan to Fail
“If You Fail to Plan, You Are Planning to Fail” — Benjamin Franklin. It may also be true with ERISA cases, especially subrogation and reimbursement claims, that “If you don’t have the plan, you have planned to fail.” Sure,
Is Twitter Breaking the Law with Mass Layoffs?
It has been reported that Twitter “has begun laying off employees under its new owner, Elon Musk,” in a decision that could impact “up to 3,700 people.” Reuters noted that the “federal Worker Adjustment and Retraining Notification (WARN) Act requires
Does De Novo Review Really Matter with ERISA Disability?
More than a few times, I have explained the unfairness of discretionary clauses. On the other hand, the benefits of a de novo review are well entrenched in the 11th Circuit law. A recent case, Harris v. The Lincoln National Life Insurance Company,
Your Improvement is Too Slow So You Are Not Disabled?
If you are sick or have been injured is there a timeline for your improvement? Can you be terminated from your employment for not improving based on the companies expectations? Unum Insurance Company thinks so. Ms. Proctor was a telephone
What Does “other income” Mean In Your Disability Policy
I am David Martin with the Martin Law Group. We help people with disability policy claims and ERISA claims. This and other videos are posted to help you understand your policy. I post a new policy term every Thursday. Subscribe
What The Term “calculation of benefits” Means In Your Disability Policy
I am David Martin with the Martin Law group. We help people with disability policy claims and ERISA claims. This and other videos are posted to help you understand your policy. I post a new term every Thursday. Subscribe to
What are “Pre-Disability Earnings?
I am David Martin with the Martin Law group. We help people with disability policies and ERISA claims. I post a new term every Thursday. Subscribe to get the Edge in understanding your policy. Today we are going to be
What Are Independent Examinations?
I am David Martin with the Martin Law group. We help people with disability policies and ERISA claims. I post a new term every Thursday. Subscribe to get the Edge in understanding your policy. Today let’s talk about what it