Posts by Buckley Bala Wilson Mew LLP
Man Who Took Husband’s Last Name May Maintain Sex Discrimination Case Against Employer
Workers can bring cases based on sex and disability discrimination for a variety of reasons. Although in some situations the discrimination may be obvious such as firing an employee for turning down sexual advances, other times the discrimination may not be readily apparent. In a recent employment discrimination case out of Ohio, Koren v. Ohio Bell…
Read MoreRaising The Minimum Wage Benefits All
This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are not adjusted for inflation the amount minimum wage workers take home is becoming increasingly tight. In fact, single…
Read MoreADA May Protect Trainees, Not Just Employees
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibits discrimination against “qualified individuals with a disability” concerning the terms and conditions of employment. This means that if you are considered a “qualified individual” and your employer takes a negative employment action – such as firing, failing to hire,…
Read MoreVegas Casino Case- Smith v. Wynn – Finds Tip- Sharing Policies Violate State Law
A recent case out of Las Vegas places the tip sharing policies of some high profile casinos under intense scrutiny. At issue – a tip sharing policy that requires Las Vegas Strip casino workers to share their tips with their supervisors. Last week the Nevada District Court ruled that the policy in place at Wynn…
Read MoreVeterans Entitled To Get Their Job Back Without Having To Submit New Screening Process
In recognition of the sacrifices of our uniformed service members, and the need of reserve members and National Guard members to balance the demands of serving their country and maintaining their jobs, the federal government has passed laws protecting armed service members concerning their “reemployment” rights. Called the Uniformed Services Employment and Reemployment Act (USERRA),…
Read MoreCourt Upholds Jury Award Based On Repeated Use Of Derogatory Term
Unfortunately despite efforts to eradicate sexism and it’s existence in the workplace, many workers still report instances of harassment, name-calling and negative treatment based on their gender. Either men or women can be victims of sex harassment or sex discrimination. Whenever you are subjected to bias based on your gender you may have a claim…
Read MoreAfrican American Worker Can Bring Discrimination Lawsuit Based On “Cat’s Paw” Doctrine
One question that comes up a lot in race discrimination cases is “Can I file a lawsuit against my employer for discriminatory actions of a co-worker?” For example, sometime a supervisor or other co-worker may file a complaint against you or harass you just because of your skin color, your religion or your sex. In…
Read MoreSkycaps Reach Settlement With Airlines In Minimum Wage Lawsuit
An interesting minimum wage lawsuit has just settled that has the potential to affect airport workers, including those at Hartsfield-Jackson Atlanta International Airport. In the minimum wage case, numerous airport skycaps filed a lawsuit against United Airlines alleging that the companies that the airlines contracts around the country failed to pay them the minimum wage…
Read MoreTeacher With Seasonal Affective Disorder Has Claim Under The ADA Against School For Failing To Transfer Her To A Windowed Room
Many people wonder what constitutes a disability for purposes of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA). The ADA and ADAAA make disability discrimination illegal and in many cases it may be possible to file a lawsuit and obtain damages if you have been discriminated against due…
Read MoreSupreme Court To Help Define Who Is An Employer
In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, it is a complicated inquiry that even courts don’t always agree on. For example – can…
Read More