Posts by Buckley Bala Wilson Mew LLP
Are You an Employer or Employee?
A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors.…
Read MoreWhen Should Employees Be Paid For Pre- and Post-Shift Time?
This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security clearance line for their employer’s benefit must be compensated. Even though the case only concerns security checks,…
Read MoreADA Lawsuit Filed Against FedEx
Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job applicants for many years. Among the allegations include claims that the company failed to provide the workers…
Read MoreWho Is an Employer or Employee Under the FLSA?
Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right to be paid at least minimum wage, and that all non-exempt employees are entitled to overtime pay at…
Read MoreSupreme Court To Hear Religious Discrimination Case Based On Look Policy
The Supreme Court has just announced that it will hear the religious discrimination filed by a Muslim woman against clothing retailer Abercrombie & Fitch. The Title VII employment discrimination matter involves the case of a Muslim teenager who was rejected from a job she applied to as floor staff because she didn’t meet their “Look…
Read MoreMcDonald’s Corporation Sued In Employment Discrimination Case
Legal news reports that a group of former McDonald’s workers has filed an employment discrimination lawsuit against the fast-food giant. The 10 plaintiffs have alleged that they were subjected to racial discrimination and sexual harassment at the hands of managers at a Virginia franchise. They have named McDonald’s Corporate as a defendant as well, asserting…
Read MoreWage Theft Has Cost Low Income Workers Billions In Compensation
NBC News reports that wage theft is costing low wage earners literally billions in lost compensation. According to an analysis published by the Economic Policy Institute, close to $1 billion was recovered in 2012 on behalf of workers for Fair Labor Standards Act (FLSA) violations – such as being paid less than minimum wage or…
Read MoreWhen Is Workplace Bullying Discrimination?
A recent article raised an interesting question – is “bullying” a new form of workplace discrimination? The article was premised on the idea that often harassing behaviors occur within the office setting but may not rise to level of what workers think constitutes actionable discriminatory conduct. However, while many companies and employees recognize that blatant…
Read MoreShould You Be Receiving Overtime Pay?
A recent article in the New York Times looked at a complicated overtime pay issue – one that President Obama is seeking to simplify. The question is – who is entitled to overtime compensation? Under federal labor law – the Fair Labor Standards Act (FLSA) – if you are a non-exempt hourly wage earner you…
Read MoreReligious Discrimination Lawsuit Filed Against Dunkin Doughnuts
Legal news reports that a federal religious discrimination lawsuit has just been filed against Dunkin Doughnuts. According to the lawsuit, a franchise refused to hire a North Carolina man who could not work Saturdays due to his religious beliefs. The man is a Seventh Day Adventist. Title VII of the Civil Rights Act of 1964…
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