Archive for 2013
When Should You Get Paid For Putting On And Taking Off Work Attire?
In the ongoing discussion of when employers must pay you for time spent putting on and off protective work clothing, the U.S. Supreme Court recently evaluated under what circumstances employers are required to treat as compensable the time employees spend putting on and taking off protective clothing. The focus of the case is what constitutes…
Read MoreENDA Moves Closer To Becoming A Reality
The Senate has taken an initial step to pass the Employment Nondiscrimination Act (ENDA), which would ban workplace discrimination on the basis of sexual orientation or gender identity. ENDA seeks to prohibit an employer from refusing to hire, fire, or take any other adverse action against a worker based on actual or perceived sexual orientation…
Read MoreEmployers May Be Held Personally Liable For Overtime Wage And Pay Violations
The federal government wants to make sure you get paid what you deserve and that your employer is not taking advantage of you. In fact – the federal government is so employee friendly that in certain situations it will find public officials individually responsible for violations of the Fair Labor Standards Act (FLSA). The FLSA…
Read MorePolice And Firefighters Entitled To Overtime Based On How They Divide Their Duties At Work
A recent 11th Circuit case has determined that employees who spend time on both firefighting and law enforcement duties are entitled to overtime based on how they divide their time on each duty. Generally, under the FLSA, employers must pay employees overtime at the rate of time-and-a-half times their regular rate of pay for all…
Read MoreAge and Gender Discrimination Claim Filed Against Real Estate Giant
A multi-million dollar age and sex discrimination lawsuit has just been filed against real-estate giant Cushman & Wakefield. According to sources, the discrimination lawsuit was filed in New York state court and alleged that the company failed to promote a 66-year-old female executive in favor of a 38-year-old males. The lawsuit alleges that the woman…
Read MoreExotic Dancers Allege Misclassification
One of the biggest issues that arises in wage and hour litigation is misclassification – such as when you’re employer labels you an “independent contractor” instead of an employee or a “non-exempt employee,” instead of an exempt one. How you are classified can significantly impact many issues, including your take home pay, whether you are…
Read MoreReduction In Force or Racially Motivated Termination?
Many times workers face the difficult situation of being laid off as the result of a “reduction in force.” But how do you know if that reduction in force is really masking employment discrimination? In a recent case – Rachells v. Cingular Wireless Emp. Servs., LLC, – a black employee – Rachells – alleged that he…
Read MoreUndocumented Workers Entitled To Overtime Pay
Several cases around the country have reached the same determination – undocumented workers are protected by the Fair Labor Standards Act (FLSA). This means that even if you are lack the necessary legal documents to work, your employer cannot avoid paying you unemployment or overtime compensation. If you have questions about the FLSA or believe…
Read MoreRetaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred
Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your employer against employees for complaining about discrimination in the workplace. This is necessary in order to ensure that workers don’t fear speaking…
Read MoreDid Amazon Violate Overtime Pay Requirements By Not Paying Warehouse Employees For Required Screenings?
The Fair Labor Standards Act (FLSA) provides that all non-exempt workers must be paid overtime at a rate of one and one-half their standard rate of pay. This straightforward sounding rule can be confusing to many, and is the source of a significant amount of wage and hour litigation. Many issues may go into the…
Read More