Archive for 2013
Temporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreMinimum Wage to Increase in 13 States
With the coming new year, 13 states will be increasing their minimum wage. Although Congress failed to raise the federal minimum wage, these states have taken action to improve the pay of many minimum wage workers. And another 11 states and the District of Columbia are considering taking action in 2014. The push for an…
Read MoreOwner May be Liable for Race Discrimination Under “Joint Employer” Theory
A recent race discrimination case looked at who should be held responsible for alleged discriminatory actions at a construction site. In EEOC v. Skanska USA Bldg., Inc. a group of black workers hired by a subcontractor brought a claim for discrimination based on race harassment that occurred at the site. Specifically, the men alleged that they…
Read MoreSupreme Court May Hear FLSA Case Finding Owner Personally Liable For FLSA Violations
The owner of grocery chain Gristedes Foods Inc. has asked the U.S. Supreme Court to overturn the recent decision finding him personally liable as an “employer” under the Fair Labor Standards Act. This summer, A New York court determined that grocery magnate John Catsimatidis, could be held personally liable for settlement payments in a wage…
Read MoreApplicant Who Was Denied Interview At Weight Watchers Can Proceed with Pregnancy Discrimination Claim
A woman who was pregnant may be able to maintain an employment discrimination lawsuit against weight watchers. In EEOC v. The WW Group, a pregnant woman filed a claim against Weight Watchers after they failed to grant her even an interview. The woman was allegedly denied the opportunity to even apply for the job because she was…
Read More2013 Marks 75th Anniversary of FLSA
This year marks 75 years since the Fair Labor Standards Act (FLSA) was passed. Although most workers have benefitted from this and other anti-discrimination legislation, many employees still suffer from discrimination and other work place inequities. The FLSA is pro-worker legislation that sets forth certain minimum wage and overtime standards applicable to virtually all U.S.…
Read MoreWoman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit
A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to chemicals. Disability discrimination lawsuits can arise in a variety of situations. The ADA prohibits discrimination against…
Read MoreWoman Who Was Fired For Wearing Sword To Work May Have Claim For Religious Discrimination
The Fifth Circuit Court of Appeals has determined that an Internal Revenue Service agent – Kawaljeet Tagore – may be able to bring a religious discrimination claim under the Religious Freedom Restoration Act (RFRA) against the government after she was fired for bringing a kirpah – a religious sword – to work. According to reports,…
Read MoreFrito-Lay Settles Overtime Pay Case
Frito-Lay has just agreed to pay a $1.6 million to settle and wage and hour lawsuit filed on behalf of current and former employees. The employees involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge of delivering Frito-Lay products to store and arranging in-store displays. The employees alleged that the company failed…
Read MoreWorker With ‘Crying Spells’ After Daughter Was Raped Can Bring FMLA Claim
It’s not easy to juggle the demands of work and family life. What happens if a family member gets sick or if you or your spouse need to take time off to care for your new baby? What options exist? In some situations, an employer may have short or long-term disability policies that give you…
Read More