The Importance of Proper Employment Classification

The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA), affecting the circumstances under which someone may be considered “exempt” vs. “non-exempt” and when a worker may be entitled to overtime pay, underscores the importance of correct worker classification. In fact, how you are classified can have a significant impact, affecting…

Read More

Religious Beliefs Not An Excuse For Discrimination

Following the recent Supreme Court decision legalizing gay marriage, many opposing the decision have denounced it based on moral grounds. Some have suggested that, based on religious reasons, they don’t have to recognize gay marriage and that “religious beliefs” can justify discrimination. However, this is simply not true. While many laws protect your religious freedoms…

Read More

Minimum Wage Increases Gaining Traction

The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from its current minimum wage of $8.75/hour. Similarly, the University of California has…

Read More

Discrimination Against Gays Determined to be Sex Discrimination

In an important victory against employment discrimination, the Equal Employment Opportunity Commission (EEOC) has determined that anti-gay discrimination in the workplace constitutes a form of sex discrimination. In a recently published opinion, the EEOC concluded, in a 3-2 vote, that Title VII of the 1964 Civil Rights Act forbids sexual orientation discrimination on the job…

Read More

Are You An Independent Contractor Or An Employee?

The Department of Labor has issued a new “Administrator’s Interpretation” that provides a narrower definition of what it means to be an “independent contractor.” Determining your work classification, whether you are an employee (exempt or non-exempt) or an independent contractor, has significant implications. Employees are generally entitled to benefits that are not provided to independent…

Read More

Proposed Changes Affecting FLSA Exemptions Issued

On July 6th, the Department of Labor issued its much anticipated rules designed to update the Fair Labor Standards Act (FLSA) regulations. The rules sought to “define and delimit” overtime exemptions for while collar employees. Whether an employee is exempt or not can have a significant impact on a worker’s take home pay. Those employees…

Read More

Failure to Allow Leave For Cancer Treatment May Violate the ADA

According to legal news, Dunkin’ Donuts has been sued for disability discrimination after refusing to provide medical leave to a woman suffering from cancer. In a clear violation of the Americans with Disabilities Act (ADA), the doughnut chain terminated the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a…

Read More

Gay Marriage Legalization and the Changes that Need to Follow

To many Americans, Friday’s 5-4 Supreme Court ruling legalizing gay marriage nationwide signifies much-needed societal advancement and provides long-awaited legitimacy for relationships, families, and modern American life. Justice Kennedy’s opinion eloquently addressed the quest for equal dignity under the law for same-sex couples. At Buckley Bala Wilson Mew LLP, we applaud the Supreme Court’s decision…

Read More

Court Holds Uber Drivers Are Employees

Whether a worker is classified as an employee or an independent contractor can have a significant effect on a person’s take home pay, as well as his or her entitlement to certain rights and benefits. For example, pursuant to the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to be paid at least minimum…

Read More