Archive for 2013
Human Resource Manager’s Comment Could Be Proof Of Discrimination
As a result of the post-9/11, anti-immigrant atmosphere that has become widespread in the U.S., the EEOC has witnessed a dramatic increase in the number of employment discrimination charges alleging national origin discrimination. As the EEOC explains national origin discrimination, “National origin discrimination means treating someone less favorably because he or she is from a…
Read MoreIs Your Employer Complying With The FLSA and Notice Provisions Of The Affordable Care Act?
Do you know what the Affordable Care Act (ACA) means for you? Has your employer properly notified you of your rights as required? The first phase of the ACA began October 1, 2013 with open enrollment for health insurance though the Health Insurance Marketplace. The Fair Labor Standards Act (FLSA) requires that employers must provide…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
Read MoreFollowing Federal Government’s Extension of Overtime Benefits To Home Health Care Aides, California Signs Law Granting Overtime Pay To Domestic Workers
After decades of being mistreated under the law, domestic workers are finally being recognized for their hard work and long hours. Recently, the White House announced that these workers will finally be included under the Fair Labor Standards Act and be entitled to minimum wage and overtime pay. The long awaited amendment will take effect…
Read MoreWoman Allowed to Maintain Claim of “Regarded As” Disability Discrimination After Termination
In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not include disability discrimination. Accordingly, Congress passed the Americans with Disabilities Act (ADA) to…
Read MoreOvertime And Minimum Wage Protections Extended To Home Health Care Aides
In a victory for home health care workers, the White House has just announced that these workers will finally be entitled to minimum wage and overtime protections. For 38-years, these workers have been denied the same protections granted to almost all workers in America. The long awaited amendment will take effect January 1, 2015 and…
Read MoreCollege Athletes Determined to Be Employees By NLRB
Recently, the National Labor Relations Board ruled that the college football players at Northwestern should be considered “employees” of the University and entitled to organize. This decision may have significant implications for college athletes, should the courts also consider the athletes “employees” who may be entitled to overtime pay and other wage and hour protections…
Read MoreShould You Be Paid If You Work Through Your Breaks?
Do you routinely have to work through your breaks? If you are not paid for time worked through breaks you may be entitled to back pay under the Fair Labor Standards Act (FLSA). The FLSA requires that all non-exempt workers be paid overtime at a rate of one and one-half times their regular rate of…
Read MoreFailure To Act On Complaints Of Racial And Sexual Harassment May Lead To Substantial Liability
Unfortunately, racism is still alive and well in our society. The news regularly reports stories of nooses on factory floors and crude racist jokes being circulated through company email systems. Fortunately, Title VII prohibits employers from discriminating against their employees “because of” their race or color. That means that employers may not take your race…
Read MoreAttorney Told You’re Just “Not That Pretty” Can Bring Claim Of Sex Bias
A federal judge has just ruled that a female attorney whose superiors told her she was just “not that pretty” can bring a claim for sex bias against her employer, the city of Evanston. Unfortunately despite advances in work place equality, discrimination still remains an issue. Most studies show that women are not paid equally…
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