Posts by Buckley Bala Wilson Mew LLP
Age Discrimination Claim Advances Based On “Cat’s Paw” Theory
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination. It is illegal for an employer to take adverse employment action against an employee based on their age. To establish a prima facie case of age discrimination under the ADEA, a plaintiff must demonstrate four elements: (1) they are a member of the protected age…
Read MoreIs Your Company Required to Pay You Overtime Compensation For After-Hours Smart-Phone Use?
Many companies have taken to the practice of providing their employees cell phones. This practice can blur the line between work hours and off hours, and raise legal questions concerning the right to overtime compensation. Several currently pending lawsuits are based on the premise that companies expect employees to work unpaid and off hours via…
Read MoreGay Rights Groups Seek Legislation Ending Employment Discrimination
In anticipation of a Supreme Court victory on same-sex marriage, many gay rights activists believe that the time is ripe for passing broad-based federal legislation against discrimination in the workplace. Currently, some states have protections banning discrimination against gay and transgender people, but no explicit bans exist in 28 states and at the federal level.…
Read MoreSupreme Court Finds Religious Discrimination
In a victory for victims of discrimination, the Supreme Court of the United States has ruled in favor of Samantha Elauf, a Muslim woman who was denied a job at Abercrombie and Fitch due to her head covering. CNN reports that Elauf filed a religious discrimination lawsuit against the retailer. Title VII prohibits religious discrimination.…
Read MoreHow The Overtime Rules May Affect You
The Department of Labor will soon be issuing a new proposal concerning overtime pay with many observers believing that the salary threshold will be raised. Currently, workers are only guaranteed time and a half if you earn less than $455 a week ($23,660) a year. Many think that this limit will be increased to somewhere…
Read MoreMovement To Increase Minimum Wage Gaining Steam Across the Country
The Fair Labor Standards Act (FLSA) applies to nearly all workers in the United States and provides certain basic protections and guidelines. Among these are the guarantee that workers earn at least minimum wage and that all non-exempt employees earn overtime compensation at a rate of one and one-half times their standard rate of pay…
Read MoreUSERRA Discrimination Alleged Against DEA
CBS News reports that more than a dozen federal agents have filed an employment discrimination action against the Drug Enforcement Agency (DEA). According to reports, the agents allege that the DEA has subjected the workers to “consistent, perpetual harassment that continues to escalate.” One of the servicemen has alleged that he has been constantly harassed…
Read MoreVerbal Complaints May Suffice To Raise Retaliation Claim Under FLSA
According to Federal Labor Law – the Fair Labor Standards Act (FLSA) – If you are concerned that your employer is not paying you the wages you believe you are entitled to, and you suffer retaliation for complaining, you may be entitled to protection, including back wages and damages, if you file a lawsuit. This…
Read MoreNew Overtime Exemption Laws To Be Revealed Soon
This past week, Labor Secretary Thomas Perez announced that his agency has finished drafting proposals which would update the Fair Labor Standards Act (FLSA) overtime and minimum wage laws for the first time in over a decade. While no one knows exactly what the proposals will include, many anticipate that they will allow for more…
Read MoreGrowing Numbers of Americans Report Age Discrimination
According to a recent CNBC News story, a growing number of older workers have reported experiencing age discrimination both while searching for a job and at their place of employment. This discrimination is making it difficult for them to find work and save for retirement. Roughly 50 percent of workers between 45 and 70 years…
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