Archive for 2013
San Francisco Giants Agree To Pay Back Wages Following Allegations Of FLSA Violations
Following charges that the San Francisco Giants failed to pay 74 clubhouse and administrative employees all the compensation they were entitled to, the team has agreed to pay nearly $545,000 in back wages and damages. The 74 clubhouse and administrative employees accused the ball club of violating Federal labor pay – the Fair Labor Standards…
Read MoreAmerican Woman Files Reverse National Origin Discrimination Claim Against Indian Company
While many federal labor laws were initially adopted in order to prevent discrimination against minorities and women, these laws also work to prevent “reverse discrimination.” Thus, although Title VII was initially thought to be limited to Black people and other racial minorities the law actually protects individuals of all races and colors, not simply racial…
Read MoreStrippers File Overtime Compensation Lawsuit For Violations Of Federal Labor Law
A recently federal wage and hour lawsuit was filed on behalf of a strip club dancer against The New Dollhouse, formerly the Crazy Horse, alleging violations of minimum wage and overtime compensation laws. According to the lawsuit, the club treats the dancers as independent contractors, and not paid employees. The suit further alleges: “Over the…
Read MoreDiscriminatory Comments Made After Termination Can Be Used As Direct Evidence Of Bias
The Sixth Circuit Court of Appeals — which includes Kentucky, Michigan, Ohio and Tennessee — has just determined that a supervisor’s “age related” comments made after a worker was fired could be considered direct evidence of age-related bias. Federal law makes age discrimination illegal. Because Title VII does not include age bias, Congress passed a…
Read MoreUnpaid Volunteer Files Unpaid Wage Lawsuit Against MLB
News reports that a volunteer of the 2013 All-Star FanFest has filed an unpaid wage lawsuit against Major League Baseball (MLB) for unpaid wages. According to the wage and hour lawsuit, more than 2000 unpaid volunteers were instrumental in getting MLB’s “FanFest,” off the ground. FanFest is described as “the largest interactive baseball theme park…
Read More“Creepy” Conduct By Co-Worker May Be Grounds For Sexual Harassment Claim
A recent case out of Alabama reviewed the situation where a co-worker’s “creepy” actions created such a difficult situation that a jury could consider it a “hostile work environment.” In Hollis v. Town of Mount Vernon, a female dispatcher complained that another part-time dispatcher – William Cannon – wouldn’t leave her alone and made her feel…
Read MoreWhat Constitutes “Sufficient Notice” To An Employer Of Sexual Harassment?
Sexual harassment is one of the most well-known forms of employment discrimination. But what happens if you’re a victim of sexual harassment at work? Do you know who to tell? When does your employer need to act? A recent employment discrimination case involving allegations of same-sex harassment looked at what is “sufficient notice” of a…
Read MoreDeath Threats Against Pro-Obama Worker Could Be Racially Motivated
Unfortunately, a significant amount of racism surfaced during President Obama’s first campaign, as well as his second campaign against Mitt Romney. In a particularly offensive race harassment case, an Ohio worker suffered numerous hostile actions at work as the result of wearing a pro-Obama shirt. In Paasewe v. Action Group, Inc., an Ohio employee of African…
Read MoreExempt Or Non-exempt? Failing To Classify Workers Correctly May Violate The FLSA
Determining whether a worker is exempt v. non-exempt is one of the more crucial decisions employers can make. If a worker is categorized as “non-exempt” the Fair Labor Standards Act (FLSA) provides that that employee must be paid overtime for all hours workers in excess of 40 hours in any workweek. Overtime pay is typically…
Read MoreIndependent Contractor Or Employee?
One of the more difficult questions in employment law – and one that gets employers in a lot of trouble – is are you an employee or an independent contractor? Recently, the 11th Circuit Court of Appeals determined that a Florida District Court was wrong when it decided that a group of cable, Internet and…
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