Posts by Buckley Bala Wilson Mew LLP
Employees May Be Held Personally Liable For Retaliation
In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking unapproved leave. Smith had fired race discrimination and retaliation charges against the company, his former supervisor and…
Read MoreBias Doesn’t Have To Be “Sole Reason” For Termination To Bring A Claim For Discrimination
A recent case determined that you may be able to sue for employment discrimination if your race (or gender, or national origin) was a reason for an “adverse” employment action, but not the only reason. In Ponce v. Billington, a Cuban American applicant for a Library of Congress job filed a discrimination lawsuit alleging that he…
Read MoreWhen Must I Be Paid As An Intern?
Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight. Remember – if you’re working at…
Read MoreRejection Of Sexual Advances May Be Basis Of Claim For Retaliation
Federal employment laws prohibit many forms of discrimination, including religious, sex and race discrimination. Employers are also prohibited from retaliating against workers who complain about discrimination. A recent case looked at what actions could support a claim for retaliation under Title VII. In Hilton v. Shin, a woman – Glynese Hilton – was fired after she…
Read MoreEEOC Limits Use Of Criminal Background Checks In Employment Decisions
The equal employment opportunity commission (EEOC) has just approved updated enforcement guidance concerning employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed that its illegal for employers to exclude people from employment based on arrest or convictions unless related to the particular job. This means if you believe you have been denied a job…
Read MoreEmployers Must Pay Workers Overtime, Regardless Of Citizenship Status
A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay workers a set rate per day, rather than an hourly rate. The answer depends in part…
Read MoreEEOC Rules Federal Laws Ban Transgender Discrimination
The Equal Employment Opportunity Commission has just ruled that federal employment discrimination law (Title VII) prohibits transgender discrimination. This means that employers may not take a person’s transgender status into account in making employment decisions, such a hiring, firing and promoting. This decision follows the same reasoning applied to longstanding sex and gender discrimination laws…
Read MoreOvertime Lawsuits On The Rise
Since the height of the recession in 2008, millions of workers have been laid off, forced to work longer hours and many have received less pay. Now workers are striking back in court. According to a recent overtime lawsuit article, there has been a dramatic increase is workers suing employers pursuant to both federal and…
Read MoreCiticorp Required To Pay Back Wages For Equal Pay Act Violations
A Florida woman has been awarded nearly $340,000 in back pay as the result of a pay discrimination lawsuit against Citicorp. According to the lawsuit, when Heidi Wilson received a promotion to become manager of the Citicorp service center she did not receive a raise or bonus despite the fact that the male who was in…
Read MoreRaising The Federal Minimum Wage Could Help Struggling Families And Communities
A movement is underway in Congress to raise the federal minimum wage from $7.25 to as much as $10. Under current federal employment law – the Fair Labor Standards Act [FLSA] – employers are required to pay workers at least $7.25 an hour. Several states including New York, New Jersey, Connecticut, Illinois and elsewhere are pushing to…
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