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…

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Requiring “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…

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New 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…

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Intern 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…

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Home 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…

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Have 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…

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Psychological 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…

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What 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…

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Lawsuit 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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