Archive for 2016
Is It Illegal to Discriminate Against Millennial Workers on the Basis of Age?
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the work place. Pursuant to the ADEA, if you are over 40, it is illegal for your employer to discriminate against you because of your age, and you are also protected from harassment. This includes failing to hire older workers, firing employees because of…
Read MoreCan an Employer Deduct Pay from a Salaried Employee?
An employee paid an hourly rate must be paid for every minute worked and at their hourly rate; there are very few exceptions to this employment law requirement. But what about employees that are paid a predetermined salaried amount each week or each month? Is it permissible for employers to dock their pay for one…
Read MoreUSERRA Protects Military Service Members Rights to Civilian Employment
On Veterans Day we honor those who have served in the Armed Forces as well as those who have fallen protecting the country. Currently, nearly 19 million veterans live in the United States, with an estimated 10.8 million veterans in the work force. In order to protect military service members’ right to employment, and to…
Read MoreHistoric Ruling Finds Title VII Prohibits Sexual Orientation Discrimination
Title VII of the Civil Rights Act prohibits various forms of employment discrimination including discriminating “based on” sex. Courts have disagreed whether this includes sexual orientation. In a historic decision, a Pennsylvania District Court held that it does, explicitly finding that prohibited sex discrimination under Title VII includes sexual orientation discrimination. In U.S. EEOC v. Scott Medical Heath…
Read MoreWill I be entitled to overtime pay?
As the deadline to implement amendments to the Fair Labor Standards Act (FLSA) approaches, potentially millions more working Americans may be entitled to bring home overtime compensation. At the same time employers across the country are also making adjustments to combat potential payroll increases. As a result, many employees wonder – will I be entitled…
Read MoreThe Failure to Make Reasonable Accommodations May Violate the Americans With Disabilities Act
An Atlanta judge is facing charges of disability discrimination from several current and former employees. The American with Disabilities Act (ADA) and the American with Disability Act Amendment Act (ADAAA) make it illegal to discriminate in terms of employment against qualified individuals with a disability.” Further, the ADA also prohibits disability harassment and retaliation against workers…
Read MoreSupreme Court to Hear Gender Discrimination Case
The United States Supreme Court has just announced that it will interpret a case involving transgender rights. The issue of transgender discrimination has gained national attention in the last several months as an increasing number of state laws and federal actions have highlighted transgender discrimination. Recently, North Carolina passed a law requiring people who are…
Read MoreDoes Your Tip Pool Comply With Federal Law?
For many workers, a large percentage of their pay comes in the form of tips, especially in the hospitality and restaurant industries. Often the tips earned over the course of a shift are pooled, and then distributed among the workers. However, federal law (the Fair Labor Standards Act – FLSA) has very specific requirements concerning…
Read MoreKnowing Your Workplace Rights If You’re Pregnant
In 1978, Congress passed the Pregnancy Discrimination Act, which made it illegal for employers to discriminate against an employee if she became pregnant. This means that employees cannot use terminations, wage or hour cuts, medical leave denials, and more to penalize a woman just because of her pregnancy. And yet, in 2013, more than 5,000…
Read MoreCan I be fired for my political beliefs?
In one of the most contentious presidential elections in recent history, it is often hard to avoid political conversations and opinions concerning the candidates. At work, however, many people question rules concerning political speech, and whether espousing a particular belief may cause them to lose their job. Further, if they do lose their job or…
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