Archive for 2010
Department Of Defense Final Rule Bars Mandatory Arbitration
A final rule published in the December 8 Federal Register provides that the Department of Defense (DOD) is now barring certain defense contractors and subcontractors from requiring employees or independent contractors arbitrate sexual assault or Title VII sexual harassment claims. Specifically, the rule implements a provision of the 2010 defense appropriations act that bars defense contractors from using…
Read MoreWidespread FLSA Violations By Michigan Blueberry Growers
The U.S. Department of Labor has ordered several Michigan blueberry farmers and contractors to pay $106,000 in penalties and back wages after an investigation revealed migrant housing and child labor law violations. The farmers were also order to pay close to $30,000 in back wages to hand-harvest growers for wage and overtime violations. The Fair Labor Standards Act (FLSA)…
Read MoreDisability Discrimination Case Asserted By Bank Teller With Epilepsy
The U.S. District Court for the Eastern District of Michigan ruled that a part-time bank teller raised triable issues of disparate treatment and failure to accommodate under the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. A qualified disability is any medical, physiological, or psychiatric…
Read MoreMinimum Wage Laws Help Local Economies
Two significant studies issued this week conclude benefits exist from paying Americans more. First, a New York study found that “living wage” requirements on businesses that receive government subsidies do not negatively impact job and business creation, debunking notions that “living wage” laws hurt competition and local economies. The study looked at 15 states across the country…
Read MoreAge Discrimination Case Revived
The U.S. Court of Appeals for the Sixth Circuit has recently revived a man’s claim of age discrimination against the Department of Defense. In Bartlett v. Gates, a 58-year-old man – Barry Bartlett – was denied promotion to a higher level within the Defense Contracts Management Agency (DCMA) despite his 34 years of experience. The Age Discrimination in…
Read MoreContractor Agrees To Pay $3 Million in EEOC Race Bias Decree
A janitorial company that provides services to O’hare International Airport has agreed to pay $3 million to rejected black applicants. At issue – a June 2009 lawsuit asserting race discrimination as a result of the company’s failure to hire or recruit black applicants for janitorial jobs. Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees on the…
Read MoreNov. 18th A “Day Against Wage Theft” In 50 Cities Across The Country
At least 50 cities have declared November 18th a “Day Against Wage Theft” as part of a national effort to draw attention to the impact of wage theft on communities throughout the country. As stated in a recent report by the Research Institute for Social and Economic Policy at Florida International University: “Wage theft is…
Read MoreEEOC Issues Final Regulations Interpreting Genetic Information Nondiscrimination Act
Last November, the Genetic Information Nondiscrimination Act “GINA” became law. GINA provides a general ban on employers’ obtaining genetic information about employees or job applicants, including the inadvertent acquisition of the information for use in employment decisions. Almost a full year after GINA became effective, the EEOC has issued final regulations interpreting its application. The EEOC final regulations are…
Read MoreFederal Labor Laws Protect All Workers
A recent case out of Ohio underscores the struggles of many immigrants striving to make a decent wage. In Cincinnati, a lawsuit continues against two veterinarians accused of wage theft involving three undocumented workers. At issue, the right to overtime compensation for workers who claim they were initially paid for several dozens of hours of overtime, only…
Read MoreEmployee May Proceed With Race Discrimination Case
Despite significant advances, race discrimination continues to be a problem at many workplaces. A recent case has determined that an employee who suffered verbal assaults such as being called the “n word” by his boss can proceed with his claim for a hostile work environment. In Taylor v. Bob-Rohr-Indy Motors, an African American car salesman – Johnny Taylor…
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