Archive for 2015
Wage and Hour Lawsuits In the Hospitality Industry on the Rise
Recently, there has been a notable increase in lawsuits alleging violations of the Fair Labor Standards Act (FLSA), particularly in the hospitality industry. In fact, a recent Wall Street Journal article highlighted the surge in lawsuits against high-end Manhattan restaurants, noting that similar lawsuits nationwide have doubled in the past decade. This rise can be…
Read MoreRequiring “Strength Test” May Constitute Sex and Age Discrimination
Discrimination laws prohibit employment discrimination against current and prospective employees based on various protected categories such as race, sex, national origin, and religion. Not all instances of employment discrimination are blatant. In some situations, a company’s rules or policies, such as English-only rules or mandatory tests for job qualification, can constitute discrimination. For example, in…
Read MoreNew Bill Takes Aim At Employment Discrimination Based on Credit Report
Recently, Senator Elizabeth Warren (D-Mass.) and Rep. Steve Cohen (D-Tenn.) introduced a new bill aimed at eliminating potential employment discrimination based on credit scores. The bill, called the Equal Employment for All Act, criticizes the practice of American employers checking the credit history of job applicants. The legislators argue that such credit history checks discriminate…
Read MoreIntern or Employee?
The question of whether student interns should be considered employees is a challenging one in employment law. If a student intern is deemed an employee, they may be entitled to employment benefits under the Fair Labor Standards Act (FLSA), including receiving at least minimum wage and overtime compensation for hours worked beyond 40 in a…
Read MoreHome Health Care Workers May Be Entitled To Overtime Pay
The Department of Labor (DOL) has proposed several changes to the Fair Labor Standards Act (FLSA), particularly regarding exemptions and determining whether workers should be considered exempt or non-exempt. Exempt workers generally do not receive overtime pay, regardless of the number of hours worked, while non-exempt workers are entitled to overtime pay at a rate…
Read MoreHave You Been a Victim of Age Discrimination?
An unfortunate consequence of the aging population in America and the desire of employees to work longer is the increasing occurrence of age discrimination. Employers often perceive older, more experienced workers as costlier due to factors like seniority and pension plans. Consequently, when companies face financial difficulties and need to save money, they may let…
Read MorePsychological Test Given Prior To Promotion May Be Discriminatory
Retail giant Target Corporation has just agreed to pay $2.8 million to settle an employment discrimination complaint. The race and disability discrimination lawsuit alleged that applicants for upper level jobs were improperly screened out. According to the complaint, the tests given to candidates were not sufficiently neutral. Instead, the tests disproportionately screened out women, Asians…
Read MoreProposed Rules To Increase Number of Workers Entitled To Overtime Pay
Earlier this summer, the Department of Labor issued new regulations that could have a significant impact on “white collar” workers and their eligibility for overtime compensation. The proposed rules are currently open for public comment until September 4th, and it is important for individuals to voice their opinions. Under the current Fair Labor Standards Act,…
Read MoreWhat you need know about the FLSA Proposed Rules
The Department of Labor (DOL) has issued several new rules concerning the Fair Labor Standards Act (FLSA). While these rules have not yet been become effective, they signal a change in the way the FLSA will be interpreted in the future, and may have a significant impact on many workers, including their right to overtime…
Read MoreLawsuit Alleges Discrimination Based on Perceived Disability
Employment news reports that the federal government has filed a lawsuit against Amtrak, alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak unlawfully discriminated against a person who had epilepsy. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act prohibit discrimination…
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