Archive for 2014
$4.2M Settlement in Wage and Hour Lawsuit
Financial services group Morgan Stanley has reached a nearly $5M settlement with its client services group concerning its alleged failure to pay workers overtime compensation. According to reports, the class action wage and hour lawsuit was filed on behalf of more than 800 current and former client associates. The associates were non-exempt employees, and hence…
Read MoreReligious Discrimination Lawsuit Filed Against Grocery Store
Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of” your religious beliefs. It also protects you from harassment based on your beliefs or religious affiliation, or retaliation if you complain abut discrimination. In addition, religious discrimination laws require that your employer make reasonable efforts to accommodate your beliefs and that your…
Read MoreWage and Hour Lawsuits May Affect Tipped Employee Compensation
Two wage and hour lawsuits are making their way through the court system that could have a large impact on how tipped employees are paid. Pursuant to the Fair Labor Standards Act (FLSA), employers may pay certain types of workers (such as waiters and waitresses) less than minimum wage. The law presumes that the amount…
Read MoreTeacher Wins Reverse Race Discrimination Jury Trial
Despite significant progress in race relations, race discrimination continues to affect many work places – whether its discrimination in hiring or promoting, or having to endure offensive comments or slurs. 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 MoreHow Do Wage and Hour Laws Apply to Telecommuting?
More and more Americans are telecommuting for work. This trend can be highly beneficial for both employers and employees. By allowing employees to telecommute, employers can save money on office space and employees may be more efficient with the elimination of the hassles of commuting. Many employees also enjoy the flexibility telecommuting provides. However, telecommuting…
Read MoreRequiring Extra Documentation May Constitute Immigration Discrimination
A recent case out of New York highlighted an issue that is prevalent throughout the country – immigration discrimination. Immigration discrimination encompasses those situations where an employer engages in a pattern or practice of discrimination based on your immigration status. The Immigration and Nationality Act (INA), anti-discrimination provisions explicitly prohibits employers from requiring work-authorized employees…
Read MoreLinkedIn Settles Wage and Hour Lawsuit
The professional networking site LinkedIn has just agreed to pay $6 million in back wages and damages in a wage and hour lawsuit. More than 350 current and former employees sued the company alleging that it failed to pay workers the overtime compensation they deserved. According to the Fair Labor Standards Act (FLSA), all non-exempt…
Read MoreSexual Harassment Claims May Arise As The Result Of Workplace Affairs
Inter office affairs have several serious consequences and may result in claims of harassment or discrimination. For example, sexual harassment claims may arise where one party feels pressure to become involved in a relationship in order to maintain his or her job. A recent case evaluated the situation where a female prison employee was engaged…
Read MoreMore Jurisdictions Are Adopting Unpaid Interns Laws
Legal news reports that New York State has now become the fourth jurisdiction to make it illegal for employers to “discriminate, harass, or retaliate or otherwise engage in unlawful employment practices,” against unpaid interns and those seeking jobs as unpaid interns. If you are considering taking an internship or have questions about the laws concerning…
Read MoreOvertime Pay Rate Determinations Should Include Per Diem Amounts
According to a recent statement by the Department of Labor, the number lawsuits resulting from “per diem” pay are on the rise. Per diem pay is pay that you receive in addition to regular pay, and covers certain reimbursable work-related expenses or costs. Overtime lawsuits may arise in a variety of situations involving per diem…
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