Posts by Buckley Bala Wilson Mew LLP
Court Decides That Unpaid Interns Were Really Employees In Fox Searchlight Case
A New York judge has just determined that Fox Searchlight violated minimum wage and overtime laws by having unpaid interns work on the movie “Black Swan.” Companies may hire “unpaid interns” and have them do a variety of different tasks. However, the requirements concerning when an intern must be paid and when it’s okay not…
Read MoreIs Lactating A Medical Condition Of Pregnancy?
In an attempt to avoid charges of discrimination under the Pregnancy Discrimination Act, a Houston area employer argued that lactation was “not a medically related condition of pregnancy.” The appellate court flatly rejected this argument, stating “It is undisputed in this appeal that lactation is a physiological result of being pregnant and bearing a child.”…
Read MoreWorkplace Sex Discriminiation Still Prevalent
A recent sex bias case out of Louisiana shows that unfortunately, sexism is still alive and well in the workplace. Despite some progress being made toward gender equality – sexist jokes, harassment and biased attitudes still affect many women and may hinder their ability to receive deserved promotions. In the sex discrimination case filed against…
Read MoreRules To Know Before You Agree To An Unpaid Internship
Summer is nearly here and with the season comes an annual influx of students looking for internships. Before you take a job as an intern – either paid or unpaid – it’s critical to understand the laws affecting these positions. If you should be getting paid for your work but aren’t, your employer may be…
Read MoreFirst Class Action GINA Lawsuit Filed
The Equal Employment Opportunity Commission (the EEOC) has just filed its first class action Genetic Information Nondiscrimination Act (GINA) lawsuit against a New York nursing home. GINA is a recently enacted federal law that prohibits an employer from requesting, requiring or purchasing an individual’s genetic information or that of the individual’s family members. GINA was…
Read MoreCourt Finds That Nurse Who Was “Pantsed” May Have Workplace Harassment Claim
What some workers may consider “goofing around” or “horse play” can have serious consequences. In a recent case out of Mississippi, a nursing home supervisor pulled down the pants and underwear of a nurse in front of several co-workers. The nurse later resigned from the job, stating that the offensive conduct made her job intolerable.…
Read MoreGender Identification Bill Reintroduced
A new version of an anti-employment discrimination bill has just been re-introduced seeking to eliminate employment discrimination based on sexual orientation and gender-identity. The reintroduced Employment Non-Discrimination Act (ENDA) would prohibit an employer from refusing to hire, fire, or take any other adverse action against a worker based on actual or perceived sexual orientation or…
Read MoreWorkers To Receive Back Pay Following National Origin Lawsuit Settlement
Employment law news reports that the Equal Employment Opportunity Commission (“EEOC”) has just settled a national origin discrimination lawsuit against a Japanese company. According to allegations, the corporation paid its Hispanic employees less than non-Hispanic employees who were engaged in the same work. The settlement will provide nearly 40 individuals back pay. National origin discrimination…
Read MoreMuslim Teen Allegedly Denied Job Because Of Head Scarf May Have Claim For Religious Discrimination
The popular clothing store Abercrombie & Fitch, often in hot water for its advertising campaigns, now finds itself facing legal troubles. A Muslim teenager was turned away for employment by the retailer after wearing a religious headscarf to a job interview. Now, a federal district court in California has determined that the Equal Employment Opportunity…
Read MoreBill To Amend FLSA May Give Employers More Control Over Overtime Pay
Recently a House Bill aimed at amending the Fair Labor Standards Act (FLSA) was introduced to a U.S. Congressional Committee. The FLSA as it is currently written is already one of the more pro-worker federal labor laws in existence. Although the FLSA covers a number of different areas, including child labor laws, there are two…
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