Archive for 2013
Gender Identification Bill Reintroduced
A new version of an anti-employment discrimination bill has just been re-introduced seeking to eliminate employment discrimination based on sexual orientation and gender-identity. The reintroduced Employment Non-Discrimination Act (ENDA) would prohibit an employer from refusing to hire, fire, or take any other adverse action against a worker based on actual or perceived sexual orientation or…
Read MoreWorkers To Receive Back Pay Following National Origin Lawsuit Settlement
Employment law news reports that the Equal Employment Opportunity Commission (“EEOC”) has just settled a national origin discrimination lawsuit against a Japanese company. According to allegations, the corporation paid its Hispanic employees less than non-Hispanic employees who were engaged in the same work. The settlement will provide nearly 40 individuals back pay. National origin discrimination…
Read MoreMuslim Teen Allegedly Denied Job Because Of Head Scarf May Have Claim For Religious Discrimination
The popular clothing store Abercrombie & Fitch, often in hot water for its advertising campaigns, now finds itself facing legal troubles. A Muslim teenager was turned away for employment by the retailer after wearing a religious headscarf to a job interview. Now, a federal district court in California has determined that the Equal Employment Opportunity…
Read MoreBill To Amend FLSA May Give Employers More Control Over Overtime Pay
Recently a House Bill aimed at amending the Fair Labor Standards Act (FLSA) was introduced to a U.S. Congressional Committee. The FLSA as it is currently written is already one of the more pro-worker federal labor laws in existence. Although the FLSA covers a number of different areas, including child labor laws, there are two…
Read MoreA Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment
Despite improvements in race relations over the last several decades, many instances of racism still exist in the workplace. Two different federal laws exist that protect against race discrimination in the workplace – Title VII of the Civil Rights Act of 1964 and 42 U.S.C. Sec. 1981. Title VII prohibits employers from taking race into…
Read MoreFair Labor Standards Act Protects Your Right To Overtime Compensation
House republicans are set to consider legislation that may weaken your right to overtime compensation under federal law. The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws, setting forth certain minimum wage and overtime standards applicable to virtually all U.S. employers. The FLSA provides that all non-exempt employees are entitled…
Read MoreFemale Basketball Referee Brings Case For Bias
Recently a female basketball referee from New Jersey brought a lawsuit against the local school district and the state scholastic association alleging that she was being illegally discrimination against because of her sex. According to her sex discrimination lawsuit, she was unlawfully excluded from officiating boys’ high school varsity basketball games. The lawsuit raised a…
Read MoreGetting to Work on Time Isn’t Always an Essential Job Function Under the ADA
In many situations, workers may sustain certain types of injuries or have a legally defined disability, but still be able to perform many of the functions of their job with some slight adjustments. The Americans with Disabilities Act (the “ADA”) and the American with Disabilities Act Amendments Act (the “ADAAA”) are designed to protect these…
Read MoreMale Worker Successfully Alleges Claim Under Equal Pay Act
In a recent Georgia pay discrimination case, the U.S. Court of Appeals for the Eleventh Circuit determined that a male was entitled to proceed with his claim. The Fulton County, Georgia community development specialist alleged that he was paid less than a female manager who had the same job responsibilities. The Equal Pay Act provides…
Read MoreShould Your Employer Pay You For Time Spent Changing Your Clothes?
A hotly contested topic around the country is whether workers should be paid for time spent changing their clothes. A failure to pay an employee for all of the time-spent working may be a violation of the Federal Labor Standards Act (FLSA). Under the FLSA, employers must pay all non-exempt workers for all time-spent working,…
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