Archive for 2017
Implementation of Proposed Overtime Rule Varies Amongst Employers
As many are aware, the Department of Labor established new rules concerning overtime pay exemptions, which were set to take effect on December 1, 2016. However a Texas judge granted a temporary injunction stopping the rules from taking place. Nonetheless, many businesses had already taken steps to adjust to the new rules, and were left…
Read MoreNumber of Wage and Hour Lawsuits Continue to Climb
The number of wage and hour claims filed over the last several years has significantly increased. The majority of these claims have concerned the improper classification of employees – whether identifying a non-exempt employee as exempt (thereby denying an employee of deserved overtime), or classifying an employee as an independent contractor (thereby denying a worker…
Read MoreScreening Questions May Be Discriminatory
As baby boomers reach and surpass traditional retirement age, many wish to continue working. However, if you don’t already have a job, finding work as an older applicant can be challenging. A recent study conducted by researchers at the University of California Irvine found that the call back rate for older workers was highest for…
Read MoreAm I entitled to pay if my office closes unexpectedly?
If your employer closes the office unexpectedly – such as when bad weather, threatens, there’s a power outage, or your server is down – are you entitled to be paid? This depends in part on how you are classified – as exempt vs. non-exempt. If you are non-exempt, then your employer does not need to…
Read MoreWhen is an employer required to pay for training time?
A recent federal court decision examined the circumstances when an employer is required to pay a worker for training time. Pursuant to Department of Labor (DOL) rules, employers should evaluate the following criteria to determine whether a worker is a trainee v. an employee who must be paid. These criteria which tend to favor that…
Read MoreWill the New Overtime Rule be Implemented?
In 2016, the Obama administration adopted new regulations that would entitled millions of additional workers to earn overtime pay by raising the threshold to consider worker exempt. The implementation of this rule could potentially increase the take home pay of many workers across the country. However, the implementation of the rule has been delayed. In…
Read MoreAge Discrimination Persists
Recently, CBS News reported that Age Discrimination is alive and well. As Americans are fighting to gain employment, improve their standards of living, and save money for the future, the fact that employment discrimination of any kind remains is disheartening. Further, for older workers who often face increasing health care costs and want to…
Read MoreFormer CNN Producer Files Discrimination Lawsuit
The Atlanta Journal-Constitution recently featured Omar Butcher, our client, in a story that talked about his time at CNN and his struggle to receive the same opportunities as his colleagues. As a young man, Omar dreamed of becoming a journalist. After growing up in Germany and Italy—his father was in the Army—he attended Florida State…
Read MoreNation’s First Wage Discrimination Law Passed
In mid-January, Philadelphia became the first city to pass a wage discrimination law. Hopefully, this will lead to similar actions by cities and states around the country, including Atlanta and Georgia. The new discrimination law prohibits employers from asking job applicants for a record of their past salary. Legislators explain that by basing your new…
Read MoreTop Areas of Employment Discrimination
A little more than 50 years ago, Congress passed Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination in the workplace. The law prohibits discrimination against employees, former employees, and applicants for employment on the basis of their race, color, sex, national origin and religion. Additional laws have been passed to…
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