Posts by Buckley Bala Wilson Mew LLP
Use of Drug Tests Found to Have “Disparate Impact”
In certain circumstances a company or business may have a policy that seems to be neutral, but upon closer look may in fact be discriminatory. This may be because the policy or practice has a “disparate impact” that negatively affects a particular race. In a recent case, Jones v. City of Boston, the U.S. Court of…
Read MoreBusiness Owner Found Personally Liable For Overtime Pay Violations
Recently, the Second Circuit Court of Appeals ruled that the owner of a business could be held personally liable for damages resulting from violations of the Fair Labor Standards Act (FLSA). The FLSA provides employees certain protections, including that workers receive at least minimum wage and that non-exempt employees be paid overtime compensation at a…
Read MoreFailure To Stop Customer Harassment Of Workers May Consitute Employer Negligence
Can your employer be held liable for failing to adequately respond to offensive conduct by customers towards workers? The U.S. Court of Appeals for the Fourth Circuit has ruled yes. In Freeman v. Dal-Tile Corp., the court ruled that a black female former employee had triable sexual and racial harassment claims under Title VII of the…
Read MoreWage Laws and Tipped Workers – What Are Your Rights?
Several sources have reported that wage and hour lawsuits are on the rise, often as the result of violations of the Fair Labor Standards Act (FLSA) and/or state labor laws. Many times, these lawsuits arise concerning how “tipped workers” such as wait staff, bartenders and others who depend on tips as a portion of their…
Read MoreOvertime Compensation And Sleeping On The Job
A recent overtime lawsuit raised an interesting question – what employment laws apply when workers are required to “sleep on the job”? The Fair Labor Standards Act (FLSA) provides workers many protections, including requiring that workers be paid at least minimum wage and that non-exempt workers be compensated at a rate of one and one-half…
Read MoreIs Your Physical Presence at Work an Essential Job Function?
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain qualified individuals with disabilities from discrimination at work. This means that your employer cannot take negative actions against you as a result of your disability, because you have a record of a disability, or because it regards you as disabled.…
Read MoreDerogatory Comments By Manager Could Be Grounds For Claim of Retaliation
A recent case evaluated whether alleged comments by a white human resources manager could be used as evidence to support a claim for retaliation. In Willis v. Cleco Corp., a black worker – Gregory Willis – filed a race discrimination and retaliation claim based on his alleged termination as the result – in part – of…
Read MoreAre Pre-Employment Credit Checks Discriminatory?
Did you have to submit to a credit check when you applied for a job? Many employee advocates are pushing to have such practices banned as potential employment discrimination. As explained by one observer – “How can you pay your debt if you can’t get a job”? If your negative credit report is used against…
Read MoreEssential Functions of One’s Job Not Dependent Exclusively on Stated Job Requirements
The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 (“ADAAA”). Pursuant to the ADA/ADAAA, it is illegal for your employer to discriminate against “qualified individuals with a disability” in the terms…
Read MoreAre The McDonald’s Corporation and Franchise Owners “Joint Employers”?
Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and provide non-exempt workers overtime compensation at a rate of one and one-half times their standard rate of pay. If you have…
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