Posts by Buckley Bala Wilson Mew LLP
Undocumented Workers Entitled To Overtime Pay
Several cases around the country have reached the same determination – undocumented workers are protected by the Fair Labor Standards Act (FLSA). This means that even if you are lack the necessary legal documents to work, your employer cannot avoid paying you unemployment or overtime compensation. If you have questions about the FLSA or believe…
Read MoreRetaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred
Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your employer against employees for complaining about discrimination in the workplace. This is necessary in order to ensure that workers don’t fear speaking…
Read MoreDid Amazon Violate Overtime Pay Requirements By Not Paying Warehouse Employees For Required Screenings?
The Fair Labor Standards Act (FLSA) provides that all non-exempt workers must be paid overtime at a rate of one and one-half their standard rate of pay. This straightforward sounding rule can be confusing to many, and is the source of a significant amount of wage and hour litigation. Many issues may go into the…
Read MoreHuman Resource Manager’s Comment Could Be Proof Of Discrimination
As a result of the post-9/11, anti-immigrant atmosphere that has become widespread in the U.S., the EEOC has witnessed a dramatic increase in the number of employment discrimination charges alleging national origin discrimination. As the EEOC explains national origin discrimination, “National origin discrimination means treating someone less favorably because he or she is from a…
Read MoreIs Your Employer Complying With The FLSA and Notice Provisions Of The Affordable Care Act?
Do you know what the Affordable Care Act (ACA) means for you? Has your employer properly notified you of your rights as required? The first phase of the ACA began October 1, 2013 with open enrollment for health insurance though the Health Insurance Marketplace. The Fair Labor Standards Act (FLSA) requires that employers must provide…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
Read MoreFollowing Federal Government’s Extension of Overtime Benefits To Home Health Care Aides, California Signs Law Granting Overtime Pay To Domestic Workers
After decades of being mistreated under the law, domestic workers are finally being recognized for their hard work and long hours. Recently, the White House announced that these workers will finally be included under the Fair Labor Standards Act and be entitled to minimum wage and overtime pay. The long awaited amendment will take effect…
Read MoreWoman Allowed to Maintain Claim of “Regarded As” Disability Discrimination After Termination
In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not include disability discrimination. Accordingly, Congress passed the Americans with Disabilities Act (ADA) to…
Read MoreOvertime And Minimum Wage Protections Extended To Home Health Care Aides
In a victory for home health care workers, the White House has just announced that these workers will finally be entitled to minimum wage and overtime protections. For 38-years, these workers have been denied the same protections granted to almost all workers in America. The long awaited amendment will take effect January 1, 2015 and…
Read MoreCollege Athletes Determined to Be Employees By NLRB
Recently, the National Labor Relations Board ruled that the college football players at Northwestern should be considered “employees” of the University and entitled to organize. This decision may have significant implications for college athletes, should the courts also consider the athletes “employees” who may be entitled to overtime pay and other wage and hour protections…
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