Archive for 2012
Male Principal May Have Claim For Sex Discrimination And Harrassment Against Female Employees
Although many people traditionally think of sex discrimination or sexual harassment cases as those that involve a woman receiving unfavorable treatment at work or being subjected to unwanted advances by a male – claims for sex discrimination or harassment may be filed by males or females and discrimination cases may arise whenever someone’s gender factors…
Read MoreInvestigation Begins Into Potential Wages And Hour Violations At Forever 21
News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to cooperate with the government’s investigation into the labor practices of the company. The clothing…
Read MoreWhat Is Illegal Retaliation Under The Fair Labor Standards Act?
Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions. The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation…
Read MoreSupervisor Stating I’m “Going To See To It” That Worker Retires When He’s 62 May Be Direct Evidence Of Age Discrimination
A recent case determined that a trucking firm operations manager could bring a claim for age discrimination. In Hale v. ABF Freight Sys. Inc., D. Archie Hale filed an employment discrimination lawsuit against the trucking firm based on his supervisor’s direct reference to his age when they were discussing his retirement plan. Under Federal Law,…
Read MoreObesity May Be Covered By The Americans With Disabilities Act or the Americans With Disabilities Act Amendments Act
Just who may be covered by the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA) is not always clear. But, answering this question is crucial. The ADA/ADAAA protects qualified individual with disabilities from work place discrimination and harassment in several significant ways. Not all injuries, illnesses or even medically…
Read MoreIs Telecommuting Considered An Accommodation Under The Americans With Disabilities Act?
With the proliferation of technology making in possible is many situations to telecommute, disabled workers may wonder if a request to work remotely should be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA). According to several cases, whether an employer must grant a request to telecommute should be based on a fact-specific…
Read MoreEmployee Misclassification Common Violation Of FLSA
A high-end childcare center has been found in violation of federal overtime compensation laws. According to news reports, Crème de la Crème, has been ordered to pay back wages to more than 350 current and formers workers based on violations of federal overtime policy and record keeping. Crème de law Crème operates day car centers…
Read MoreSupreme Court Set To Consider 4 Employment Discrimination Cases
On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As topGeorgia employment lawyers concerned about the employment litigation, the discrimination lawyers at Buckley Bala Wilson Mew LLP will be following these cases closely. The cases to be reviewed…
Read MoreFemale Workers Face Challenges From Over And Under Employment
A recent Op Ed piece in the New York Times raises an interesting point – although high earning women and low wage earning women seem to have different problems, the issues they face as the result of the way the Fair Labor Standards Act (FLSA) is currently written are very similar. A main issue is that women…
Read MoreTransfer For Medical Treatment Determined To Be A Reasonable Accommodation
In a case of first impression, a New Mexico court looked at whether a woman could sustain a case under the federal Rehabilitation Act after her employer denied her request to transfer her from her position in Texas to one in New Mexico to facilitate her medical treatment. In Sanchez v. Vilsak, the Tenth Circuit appellate…
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