Archive for 2011
Family And Medical Leave Act Claim Revived After Worker Fired For Taking Leave After Surgery In Shaffer v. American Med. Ass’n
A recent case determined that a man who was fired following surgery could bring a claim under the Family and Medical Leave Act (FMLA). The FMLA is a federal employment law that provides protection for eligible employees to take up to 12 weeks of unpaid leave from their jobs annually under certain circumstances. These include, but are…
Read MoreReligious Discrimination Lawsuit Based On Headwear Policies Continues in United States v. New York City Transit Authority
In late September, a federal court determined that a religious discrimination case filed on behalf of Muslim and Sikh bus drivers, train operators and subway station agents should proceed. The federal ruling came a year after a district court judge determined that the case should proceed because the New York Transit Authority had failed to show any…
Read MoreRetaliation Claim Allowed In Egan v. Freedom Bank Where Vice President Is Fired After Complaining About Sexual Harassment
Many times retaliation claims may be brought and won even where it may not be possible to maintain the underlying case for harassment or employment discrimination. If you have been fired or subjected to an “adverse employment action” after complaining about behavior you believe is in violation of discrimination laws, you may have a claim for retaliation. Consulting…
Read MorePresident And CEO Personally Liable For Wage And Hour Violations In Torres v. Gristede’s Operating Corp.
A recent case out of New York determined that where the president and CEO of a popular grocery chain failed to pay employees the back wages they were due, he was personally liable for millions of dollars in unpaid overtime compensation. In Torres v. Gristede’s Operating Corp., mid-level managers at a chain of New York area…
Read MoreOlder Employee May Bring Claim For Age Discrimination Claim Where Evidence Exists That Younger Workers Were Treated Better in Earl v. Nielsen Media Research, Inc .
Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…
Read MoreMisclassification As Independent Contractor May Be A Violation Of The Fair Labor Standards Act
The federal Fair Labor Standards Act sounds fairly straightforward. Pursuant to its rules, just about every employee in the United States who works for a wage is entitled to minimum wage and if they are not exempt, overtime compensation. Overtime is to be paid at a rate of one and one-half times your hourly rate…
Read MoreThreats To Close Friend May Constitute Retaliation in Ali v. District of Columbia
In a recent case interpreting just what constitutes actionable retaliation as set forth in Thompson v. North am. Stainless LP, the U.S. District Court for the District of Columbia concluded that threats made by a Muslim firefighter’s supervisors could also be intended as a serious threat to the firefighter’s co-worker/close friend and as a result, constitute a…
Read MoreMinimum Wage Lawsuit Filed Against ZipRealty
The LA times reveals that the California labor commissioner has sued ZipRealty for nearly $18 million in a minimum wage case. At issue, the failure of the company to pay minimum wages and overtime compensation to hundreds of agents throughout the state. Both federal and state laws set forth certain minimum wage and overtime standards applicable…
Read MoreWorker Called “Pops” And “Old Man” Entitled To Bring An Age Discrimination Case In Dediol v. Best Chevrolet, Inc.
A recent case out of the Fifth Circuit, Dediol v. Best Chevrolet, Inc., examined whether a man who endured persistent abusive remarks about his age and his religious beliefs may bring a claim under the Age Discrimination in Employment Act (ADEA) and Title VII of the 1964 Civil Rights Act. The Fifth Circuit Court of Appeals…
Read More6th Circuit Determines Volunteers May Be Considered Employees In Bryson v. Middlefield Volunteer Fire Dep’t Inc.
Nearly 50 years ago Congress passed federal law prohibiting employment discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees, former employees and applicants for employment based on their sex, race, color, religion and national origin. Additional federal laws have been passed to prohibit disability discrimination and age discrimination. A seemingly simple…
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