Posts by Buckley Bala Wilson Mew LLP
Underreporting 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…
Read MoreWhat Duties Are Integral and Indispensable?
The Fair Labor Standards Act (FLSA) applies to most workers in the United States and provides that employees are entitled to earn at least minimum wage, and non-exempt employees must be paid overtime compensation at a rate of one and one half times their standard rate of pay for all time spent working in excess…
Read MoreEmployee Fired for Caring for Disabled Parent Successfully Brings ADA Claim
A recent disability discrimination case evaluated whether an employer can lawfully fire an employee for being too distracted from his job duties while caring for his father. The court determined that it could not, and that the employee could successfully bring a case for “associational” disability discrimination. The Americans with Disabilities Act (ADA) prohibits employers…
Read MoreDeductions for Uniforms Cannot Reduce Your Overtime
Do you have to wear a uniform as a part of your job, and is the cost for the uniform deducted from your paycheck? Your company has to follow a number of guidelines to do this correctly– and, if they don’t follow the guidelines, you may need to contact a Georgia employment attorney. The FLSA…
Read MoreAre You An Employee Or Independent Contractor?
How workers are classified – whether they are considered to be employees or independent contractors, exempt or non-exempt – is often the starting point for many employment discrimination lawsuits. Understanding your proper classification is the first step in knowing your rights and remedies under the law. In a recent disability discrimination lawsuit, a pathologist sued the…
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