Have You Experienced Pregnancy Discrimination?

Employment news reports that retail giant Walmart is facing a potential class-action lawsuit on the basis of pregnancy discrimination. Unfortunately, incidents of pregnancy discrimination have been reported across the United States at some of the largest employers in the country. In fact, the number of pregnancy discrimination claims has steadily risen over the last 20…

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Department of Labor Issues Two New Opinion Letters

The Fair Labor Standards Act (FLSA) sets forth the basic federal wage and hour laws. These laws provide numerous areas of guidance, including that workers must be paid minimum wage and that in general, all non-exempt workers must be paid overtime for hours worked in excess of 40 hours in any work week. However, the…

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Employment Discrimination Claims on the Rise

The Equal Employment Opportunity Commission (EEOC) has just released its statistics for 2018 revealing that it has recovered $505 million and other relief for more than 67,860 victims of discrimination in the workplace. Types of discrimination vary, but include Title VII claims such as race, gender and religious discrimination. Retaliation claims where workers endure negative…

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What rules apply when employers make “extra” payments to exempt employees?

As the year ends, many exempt employees may earn additional compensation on top of their salaries.  This may include bonuses, commissions or percentages of a company’s profits.    These payments are often expected and are warranted.  Further, these payments are proper pursuant to the Fair Labor Standards Act (FLSA), which provides that certain workers may be…

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Transgender Rights At Risk

On Friday, the Trump administration made the unusual request of asking the Supreme Court to rule on whether transgender individuals should be allowed in the military.  This  request would side step legal procedure as several federal appeals courts are still reviewing the issue.  Usually, the Supreme Court does not review matters until there is an…

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Will Supreme Court evaluate whether a transgender woman can sue for job discrimination?

Title VII of the Civil Rights Act of 1964 protects against various forms of discrimination including sex, religion, gender and national origin.  Whether it protects against sexual orientation discrimination is unsettled, with differing appellate court decisions.  In an advisory opinion the U.S. Equal Employment Opportunity Commission has argued that sexual discrimination extends to and includes sexual…

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Is my employer required to pay me for work breaks?

Many employees have questions concerning their right to compensation during breaks – and when they are entitled to paid lunch and work breaks.  Workers may feel disgruntled if they perceive co-workers are getting away with taking more breaks than they are – such as is common when some workers take smoke breaks and others don’t.…

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