Posts by Buckley Bala Wilson Mew LLP
Pregnancy Discrimination On The Rise
News reports that pregnancy discrimination cases across the county are on the rise. According to a Washington Post article, nearly 6,000 women across the country have filed complaints with the Equal Employment Opportunity Commission (EEOC) alleging pregnancy discrimination at work. If you believe you may have been discriminated against because of a pregnancy, it is important to…
Read MoreUSERRA Protects Military Personnel’s Right To Reemployment
With many active uniformed officers returning to the United States and hoping to return to their previous employment, many military personnel wonder about their rights to reemployment when returning from serving in the military. Fortunately, federal anti-discrimination law protects armed service members. Called the Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA provides that…
Read MoreUnpaid Intern At Charlie Rose Show Files Wage And Hour Lawsuit
A former intern at the Charlie Rose show has filed a wage and hour lawsuit based on alleged violations of state wage laws similar to the Fair Labor Standards Act (FLSA) that require employers to pay interns who perform certain types of work. Before you accept a position as an “unpaid intern” it is a…
Read MoreInstances Of Harassment Not Raised At Administrative Level Allowed In Civil Sexual Harrassment Lawsuit
A recent case out of California determined that even though certain allegations were not raised during the administrative phase of a sexual harassment case, that those allegations could be raised as part of the civil sexual harassment lawsuit. Sexual harassment is probably the most well known form of employment discrimination. What is not as well…
Read MoreSupreme Court To Determine Whether Employees Are Protected From Retaliation For Making Oral Complaints
As the new Supreme Court session gets under way, an important case for worker’s rights will be determined. In Kasten v. Saint-Gobain, the Court will examine the issue of retaliation as it relates to the Fair Labor Standards Act (“FLSA”). The FLSA covers a number of different areas, including minimum wage, overtime and child labor laws.…
Read MoreUnpaid Internships May Violate The FLS
With spring approaching and summer not far off, employers and students begin thinking about summer jobs, including summer internships. Many employers have gotten in trouble for using “unpaid interns” as a way around paying hard working employees the wages they are entitled to. The good news is that employers are slowly recognizing that strict rules…
Read MoreDemotion Without Job Description Considered Constructive Discharge
Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against their employees “because of” their race or color. This means that an employer may not take your race or color into consideration when making employment decisions, and taking an “adverse action” because of your race may be a violation of federal employment discrimination laws.…
Read MoreWho Is A Supervisor? Supreme Court Seeks Guidance In Race Harassment Case
A recent racial harassment case argued before the U.S. Supreme Court, Vance v. Ball State University, raises a significant question, “Who is a supervisor?” Determining whether a someone at work is a supervisor or not has serious consequences in terms of liability. In many instances, if a co-worker is also considered “a supervisor,” then an employer may be…
Read MoreAre Journalists Entitled To Overtime Pay?
The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws and provides many protections for workers. Among these are guaranteed that workers receive minimum wage and that non-exempt workers receive overtime. Overtime compensation laws require that all employees who are not exempt must be paid at a rate of one and…
Read MoreTip Sharing Law May Lead To Confusion And Backpay Lawsuits
New reports that hotel food and beverage workers have reached a settlement unpaid wage claim. 150 current and former food and beverage workers sued the Crowne Plaza Hotel for its failure to reimburse them for tips they earned. Laws concerning tips and tip-sharing can be complex. Consulting with an experienced Atlanta wage and hour attorney is important if…
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