Posts by Buckley Bala Wilson Mew LLP
Many Different Actions May Constitute Race Discrimination
Despite advances in race relations, unfortunately work place discrimination and harassment continues to exist throughout the country. A recent case evaluated the situation of a white worker who alleged he was fired because he was engaged to a black woman. In Matusick v. Erie Cnty. Water Authority, the man – Scott Matusick – was engaged to…
Read MoreDiscrimination & Sexual Harassment in the Workplace
Sexual harassment is one of the most frequent discrimination claims. However, what actions may be considered harassing behavior vary. The courts are constantly struggling to define what sexual harassment is and what it is not, and sometimes the results can be quite confusing–the devil is in the details. What is clear, though, is that, whether…
Read MoreCourt Determines Exotic Dancers Are Employees
A Georgia federal court has determined that a group of exotic dancers who are suing a strip club for alleged wage-and-hour violation are employees under the Fair Labor Standards Act (FLSA) rather than independent contractors. In this wage and hour case the court reviewed the dancers claims, specifically that the strip club allegedly violated federal…
Read MoreTemporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreMinimum Wage to Increase in 13 States
With the coming new year, 13 states will be increasing their minimum wage. Although Congress failed to raise the federal minimum wage, these states have taken action to improve the pay of many minimum wage workers. And another 11 states and the District of Columbia are considering taking action in 2014. The push for an…
Read MoreOwner May be Liable for Race Discrimination Under “Joint Employer” Theory
A recent race discrimination case looked at who should be held responsible for alleged discriminatory actions at a construction site. In EEOC v. Skanska USA Bldg., Inc. a group of black workers hired by a subcontractor brought a claim for discrimination based on race harassment that occurred at the site. Specifically, the men alleged that they…
Read MoreSupreme Court May Hear FLSA Case Finding Owner Personally Liable For FLSA Violations
The owner of grocery chain Gristedes Foods Inc. has asked the U.S. Supreme Court to overturn the recent decision finding him personally liable as an “employer” under the Fair Labor Standards Act. This summer, A New York court determined that grocery magnate John Catsimatidis, could be held personally liable for settlement payments in a wage…
Read MoreApplicant Who Was Denied Interview At Weight Watchers Can Proceed with Pregnancy Discrimination Claim
A woman who was pregnant may be able to maintain an employment discrimination lawsuit against weight watchers. In EEOC v. The WW Group, a pregnant woman filed a claim against Weight Watchers after they failed to grant her even an interview. The woman was allegedly denied the opportunity to even apply for the job because she was…
Read More2013 Marks 75th Anniversary of FLSA
This year marks 75 years since the Fair Labor Standards Act (FLSA) was passed. Although most workers have benefitted from this and other anti-discrimination legislation, many employees still suffer from discrimination and other work place inequities. The FLSA is pro-worker legislation that sets forth certain minimum wage and overtime standards applicable to virtually all U.S.…
Read MoreWoman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit
A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to chemicals. Disability discrimination lawsuits can arise in a variety of situations. The ADA prohibits discrimination against…
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