Archive for 2015
Retaliation Leads Employment Discrimination Claims
Employment discrimination can take many different forms. Often, sex discrimination or race discrimination comes to mind when people think about what actions are considered discrimination. However, several different types of actions may be considered discriminatory. Recently, the Equal Employment Opportunity Commission (EEOC) released its numbers concerning the top complaints of workplace discrimination. According to the…
Read MoreWhen Must An Intern Be Paid?
Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least minimum wage and for non-exempt workers, overtime pay at a rate of one and one-half…
Read MoreUnderreporting of Time Not An Excuse To Violate the FLSA
Pursuant to the Fair Labor Standards Act (FLSA) generally employers must pay all non-exempt workers overtime compensation at a rate of time and a half for all times their standard rate of pay for all time worked in excess of forty hours in a work week. Employers are not allowed to use the excuse that…
Read MoreReverse Sex Discrimination Case Filed Against Restaurant Chain
Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in the workplace. This means that employers may not take gender into consideration when it makes employment decisions, including whether to hire, fire, or promote a particular worker. The Act was originally designed to help protect women from discriminatory actions, but it also…
Read MoreReligious Discrimination Lawsuit Filed
Georgia news reports that Atlanta’s fire chief has filed a complaint for discrimination after he was terminated following a controversy over a religious book he wrote. In the book, he denigrated homosexuality. He claimed his views were based on religious beliefs. He further asserts that he was terminated in violation of Title VII of the…
Read MoreTime Spent After Hours On Smart Phone May Entitle You To Overtime Compensation
With the proliferation of smart phones, it is easier than ever to communicate. An employer may send a quick text or email after work hours, and expect a response. However, the ease of communication may lead to potential Fair Labor Standards Act (FLSA) violations and abuses. Pursuant to the FLSA, non-exempt workers are entitled to…
Read MoreShould Employers Provide Pregnant Workers Reasonable Accommodations?
A North Carolina has filed a pregnancy discrimination case after her boss failed to give her shifts following a request for lighter duties. According to the complaint, the 27-year-old certified nursing assistant was instructed by her doctor to stop lifting patients at the nursing home where she worked. However, instead of getting the lights duties she requested,…
Read MoreWhat Is A Protected Class Under Title VII?
The Equal Employment Opportunity Commission (EEOC), the Justice Department, and many courts across the country have stated that it’s illegal to discriminate against employees for being transgender. In fact, just recently Attorney General Eric Holder announced that its DOJ policy that transgender people are protected under Title VII. Many times, gender discrimination lawsuits are filed…
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