Archive for 2014
Georgia School Districts Cannot Claim Immunity Under The Eleventh Amendment
The U.S. Court of Appeals for the 11th Circuit in Atlanta has just issued an important ruling that could potentially impact future employment discrimination lawsuits. The decision provides that Georgia school districts cannot hide behind the Eleventh Amendment’s immunity provisions to shield them from suits in federal court. Generally, the Eleventh Amendment shields states from federal lawsuits…
Read MoreRace Discrimination Verdict Reinstated Against Marta
The U.S. Court of Appeals for the Eleventh Circuit has just reinstated a $500,000 retaliation verdict against MARTA. The retaliation lawsuit was filed after a man was allegedly fired for telling his supervisor he was going to file a race discrimination case. In order to protect individuals from discrimination in the work place, Title VII…
Read More50 Years Later: the Civil Rights Act of 1964 and Title VII
In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – hotels, restaurants, theaters, retail stores, and similar establishments,” as well as “greater protection for the…
Read MoreResearch Shows Weight Discrimination is Prevalent
Employment discrimination may occur in a variety of settings. Title VII of the Civil Rights Act of 1964 prohibits many types of discrimination including discrimination based on race, color, sex, national origin and religion. This means that employers are prohibited from making employment decisions such as hiring, firing, promoting based on these categories. In fact,…
Read MoreUnlawful Retaliation Claims On the Rise
A recent report reveals that a record number of employment discrimination cases based on “unlawful retaliation” were filed last year. According to the Equal Employment Opportunity Commission (EEOC), more than 38,000 charges of retaliation were filed by workers in 2013. Over the last decade, the number of retaliation claims has steadily risen. In fact, it…
Read MoreDegree of Control A Central Factor In Determining Who Is An Employee v. Contractor
Recently, several cases around the country involving strippers have highlighted a significant issue for workers in all lines of work – whether you should be classified as an independent contractor or an employee. In the latest case, Terry v. Sapphire, the Nevada Supreme Court determined that strippers at a Las Vegas club should be considered…
Read MoreNCAA Sued For Wage Violations
A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar…
Read MoreWage and Hour Questions Prevalent In Health Care Industry
Federal labor law (the Fair Labor Standards Act – FLSA), provides many protections for the vast majority of this country’s workers. Pursuant to the FLSA, workers must be paid at least minimum wage and all non-exempt workers are entitled to overtime compensation at a rate of one and one-times their standard rate of pay. Although…
Read MoreAre You an Employer or Employee?
A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors.…
Read MoreWhen Should Employees Be Paid For Pre- and Post-Shift Time?
This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security clearance line for their employer’s benefit must be compensated. Even though the case only concerns security checks,…
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