Archive for 2014
Derogatory Comments By Manager Could Be Grounds For Claim of Retaliation
A recent case evaluated whether alleged comments by a white human resources manager could be used as evidence to support a claim for retaliation. In Willis v. Cleco Corp., a black worker – Gregory Willis – filed a race discrimination and retaliation claim based on his alleged termination as the result – in part – of…
Read MoreAre Pre-Employment Credit Checks Discriminatory?
Did you have to submit to a credit check when you applied for a job? Many employee advocates are pushing to have such practices banned as potential employment discrimination. As explained by one observer – “How can you pay your debt if you can’t get a job”? If your negative credit report is used against…
Read MoreEssential Functions of One’s Job Not Dependent Exclusively on Stated Job Requirements
The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 (“ADAAA”). Pursuant to the ADA/ADAAA, it is illegal for your employer to discriminate against “qualified individuals with a disability” in the terms…
Read MoreAre The McDonald’s Corporation and Franchise Owners “Joint Employers”?
Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and provide non-exempt workers overtime compensation at a rate of one and one-half times their standard rate of pay. If you have…
Read MoreNew Child Labor Laws Proposed
The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage provision and overtime pay. Pursuant to federal law, employees must be paid at least the…
Read More11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA
A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act (“ADA”) and its counterpart, the Florida Civil Rights Act. In Samson v. Federal Express Corporation, the 11th Circuit Court of Appeals determined that he could. In 2009…
Read MorePressure Increases To Pass ENDA
In a call for legislators to pass the Employment Non-discrimination Act (ENDA), Vice President Biden called employers’ ability in some states to fire employees because of their sexuality “barbaric” and “bizarre” during a keynote address at the Human Rights Campaign Gala dinner Saturday. “Hate can never be defended because it’s a so-called cultural norm,” he…
Read MorePresident Obama Seeks To Amend FLSA
President Barack Obama has just released a Presidential Memorandum directing the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” aimed at revising the federal Fair Labor Standards Act (“FLSA”). The FLSA, enacted in 1938 was designed to provide workers necessary labor protections such as minimum wage and overtime pay.…
Read MoreCalifornia Supreme Court Hears Meal And Rest Break Case – Brinker v. Superior Court – Could Affect Workers Across The Country
A case being considered by the California Supreme Court has the potential to affect meal and rest breaks for all nonunion employees. At issue in Brinker v. Superior Court is whether an employer must ensure that hourly employees take breaks. Currently, California law provides that workers are entitled to a meal break after five hours of work.…
Read MoreMcDonalds Workers Filed Wage and Hour Claims
McDonald’s workers in 3 states have filed wage and hours lawsuits against the fast food giant – including both the company and several franchise owners. The lawsuits allege numerous Fair Labor Standards Act (FLSA) violations, including illegally underpaying employees by erasing hours from the workers time cards, failing to pay required overtime and ordering them…
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