Archive for 2014
A Claim For Retaliation May Exist Where A Friend Is Fired
While most people are aware that it is illegal to discriminate on the basis of sex, race or religion, many people do not realize that it is also against the law to retaliate against someone who makes such claims. This is true even if a court doesn’t find that discrimination occurred. If you are subjected…
Read MoreUndocumented Workers Protected by the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) sets forth federal guidelines that affect nearly all employers concerning overtime pay and minimum wage requirements. For example, the FLSA requires that workers be paid at least minimum wage and overtime pay at a rate of one and one-half times their standard rate of pay for those non-exempt workers…
Read MorePassing ENDA and the Pay Check Fairness Act Would Benefit Workers
In President Obama’s 2014 State of the Union address, he set forth an agenda promising to make 2014 a year of action. He also expressed his commitment to civil liberties and civil rights. Included in his goals was pay equity for women and economic security for families. One of the changes many advocates seek is…
Read MoreShould you be compensated for time spent putting on and taking off protective gear?
A recent case heard before the U.S. Supreme Court evaluated when your employer must compensate you for putting on/taking off different required types of work gear. The questions involves what is called “donning and doffing” (taking on and off clothes and/or protective gear.) In many instances, your employer may be required to pay you for…
Read MoreAge Discrimination Cases On The Rise
While most people are familiar with laws that make it illegal to be fired based on your race, gender, religion or even age, they may not realize that the failure to hire for these reasons may also be considered employment discrimination. A recent article in Forbes highlighted focused on “age discrimination” and the difficulty proving…
Read MoreHow Will The Federal Minimum Wage Hike Affect You?
During this week’s the State of the Union address President Obama revealed his plan to hike the minimum wage to $10.10/from $7.25 for federal employees through the use of an Executive Order. Obama stated, “Today, the federal minimum wage is worth about twenty percent less than it was when Ronald Reagan first stood here. Tom…
Read MoreA Temporary Impairment May Be Considered a Disability
A recent disability discrimination lawsuit determined that impairment, even if temporary may be considered a disability under the ADA Amendments Act. The issue came up in a case where an analyst was fired after he injured both his legs so that he wasn’t able to walk normally. According to reports, the worker fell and injured…
Read MoreMany Different Actions May Constitute Race Discrimination
Despite advances in race relations, unfortunately work place discrimination and harassment continues to exist throughout the country. A recent case evaluated the situation of a white worker who alleged he was fired because he was engaged to a black woman. In Matusick v. Erie Cnty. Water Authority, the man – Scott Matusick – was engaged to…
Read MoreDiscrimination & Sexual Harassment in the Workplace
Sexual harassment is one of the most frequent discrimination claims. However, what actions may be considered harassing behavior vary. The courts are constantly struggling to define what sexual harassment is and what it is not, and sometimes the results can be quite confusing–the devil is in the details. What is clear, though, is that, whether…
Read MoreCourt Determines Exotic Dancers Are Employees
A Georgia federal court has determined that a group of exotic dancers who are suing a strip club for alleged wage-and-hour violation are employees under the Fair Labor Standards Act (FLSA) rather than independent contractors. In this wage and hour case the court reviewed the dancers claims, specifically that the strip club allegedly violated federal…
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