Posts by Buckley Bala Wilson Mew LLP
Supreme Court To Rule On Pregnancy Discrimination Case
The Supreme Court will begin hearing oral argument on a case that has to potential to profoundly affect working women. The case, Young v. UPS, involves pregnancy-related workplace discrimination. According to this significant lawsuit, a part-time UPS worker, Peggy Young, became pregnant with her third child while working as a driver at UPS’s Maryland facility. Yong’s doctor…
Read MoreChanges Likely To Exemptions Under The FLSA
President Obama and the Department of Labor have indicated that they will reveal proposed revisions to the Fair Labor Standards Act (FLSA) sometime in early 2015. One of the areas that will be impacted concerns employee “classification.” That is, whether an employee is classified as “exempt v. non-exempt” and thus, entitled to overtime pay or…
Read MoreShould Thanksgiving Workers Get Overtime Pay?
More and more retailers seeking to capitalize on holiday shopping are requiring employees work on Thanksgiving. While many take advantage of this extra opportunity to get great deals, save money and get a start on holiday shopping, this trend has generated significant amount of criticism from workers, as well as lawmakers who are concerned that…
Read MoreGeorgia School Districts Cannot Claim Immunity Under The Eleventh Amendment
The U.S. Court of Appeals for the 11th Circuit in Atlanta has just issued an important ruling that could potentially impact future employment discrimination lawsuits. The decision provides that Georgia school districts cannot hide behind the Eleventh Amendment’s immunity provisions to shield them from suits in federal court. Generally, the Eleventh Amendment shields states from federal lawsuits…
Read MoreRace Discrimination Verdict Reinstated Against Marta
The U.S. Court of Appeals for the Eleventh Circuit has just reinstated a $500,000 retaliation verdict against MARTA. The retaliation lawsuit was filed after a man was allegedly fired for telling his supervisor he was going to file a race discrimination case. In order to protect individuals from discrimination in the work place, Title VII…
Read More50 Years Later: the Civil Rights Act of 1964 and Title VII
In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – hotels, restaurants, theaters, retail stores, and similar establishments,” as well as “greater protection for the…
Read MoreResearch Shows Weight Discrimination is Prevalent
Employment discrimination may occur in a variety of settings. Title VII of the Civil Rights Act of 1964 prohibits many types of discrimination including discrimination based on race, color, sex, national origin and religion. This means that employers are prohibited from making employment decisions such as hiring, firing, promoting based on these categories. In fact,…
Read MoreDegree of Control A Central Factor In Determining Who Is An Employee v. Contractor
Recently, several cases around the country involving strippers have highlighted a significant issue for workers in all lines of work – whether you should be classified as an independent contractor or an employee. In the latest case, Terry v. Sapphire, the Nevada Supreme Court determined that strippers at a Las Vegas club should be considered…
Read MoreNCAA Sued For Wage Violations
A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar…
Read MoreWage and Hour Questions Prevalent In Health Care Industry
Federal labor law (the Fair Labor Standards Act – FLSA), provides many protections for the vast majority of this country’s workers. Pursuant to the FLSA, workers must be paid at least minimum wage and all non-exempt workers are entitled to overtime compensation at a rate of one and one-times their standard rate of pay. Although…
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