Posts by Buckley Bala Wilson Mew LLP
Who’s The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases
On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future employment harassment and discrimination cases. Reports from the courtroom indicate the justices appeared “uncertain” about the best approach for resolving…
Read MoreOvertime Pay Lawsuits On The Rise
A new lawsuit alleging violations of the Fair Labor Standards Act (the “FLSA”), including the failure to pay required overtime compensation has been filed by two Charlotte bankers. The wage and hour lawsuit alleges that the bankers were required to work overtime hours in order to meet quotas, but were not paid for their time. The FLSA…
Read MorePolicy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreStates Seek To Extend Overtime Laws To Protect Farm Workers
The California legislature has passed a bill that seeks to extend overtime pay protections – such as those contained in the Fair Labor Standards Act (FLSA) – to state farm workers. If passed, these protections could serve as a model for other state and federal overtime pay laws. The California law provides that farm laborers…
Read MoreLeave May Be Considered A Reasonable Accomodation Under The ADA
Can leave be considered a “reasonable accommodation”? At a recent labor and employment conference, an employers’ duty toward workers with injuries was discussed. Calling the “American with Disabilities Act” (the ADA) an “inadvertent leave law” an EEOC Commissioner explained that after employees have exhausted the leave entitled to them under the Family and Medical Leave…
Read MoreMale Principal May Have Claim For Sex Discrimination And Harrassment Against Female Employees
Although many people traditionally think of sex discrimination or sexual harassment cases as those that involve a woman receiving unfavorable treatment at work or being subjected to unwanted advances by a male – claims for sex discrimination or harassment may be filed by males or females and discrimination cases may arise whenever someone’s gender factors…
Read MoreInvestigation Begins Into Potential Wages And Hour Violations At Forever 21
News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to cooperate with the government’s investigation into the labor practices of the company. The clothing…
Read MoreWhat Is Illegal Retaliation Under The Fair Labor Standards Act?
Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions. The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation…
Read MoreSupervisor Stating I’m “Going To See To It” That Worker Retires When He’s 62 May Be Direct Evidence Of Age Discrimination
A recent case determined that a trucking firm operations manager could bring a claim for age discrimination. In Hale v. ABF Freight Sys. Inc., D. Archie Hale filed an employment discrimination lawsuit against the trucking firm based on his supervisor’s direct reference to his age when they were discussing his retirement plan. Under Federal Law,…
Read MoreIs Telecommuting Considered An Accommodation Under The Americans With Disabilities Act?
With the proliferation of technology making in possible is many situations to telecommute, disabled workers may wonder if a request to work remotely should be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA). According to several cases, whether an employer must grant a request to telecommute should be based on a fact-specific…
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