Posts by Buckley Bala Wilson Mew LLP
Supreme Court To Review Whether Pharmaceutical Sales Representatives Are Exempt Under The Fair Labor Standards Act in Christopher v. SmithKline Beecham Corp.
The U.S. Supreme Court has just agreed to review Christopher v. SmithKline Beecham Corp., a significant case concerning pharmaceutical sales representatives. At issue, whether the sales reps are considered exempt or not exempt under the Fair Labor Standards Act (FLSA). If the court determines the reps are “outside salespersons” they would be considered exempt under the FLSA…
Read MoreDraft Final Rule On ADEA Regulations Approved
Older workers offer significant experience and maturity to the work force, but unfortunately age discrimination continues to be one of the fastest growing types of employment discrimination claims. In an effort to combat this growing problem, Congress passed the Age Discrimination in Employment Act (ADEA). The ADEA makes age discrimination illegal and provides legal protection for…
Read More7th Circuit Determines Statements May Be Direct Proof Of Bias In Makowski v. SmithAmundsen
Sometimes evidence that you have been discriminated against may be clear and direct. Other times evidence of discrimination may be indirect and is based on inference or presumption. In a recent case, Makowski v. SmithAmundsen, the 7th Circuit determined that a statement that reveals bias may be used as direct proof of job discrimination, and that…
Read MoreCommunity College Employee Allowed To Proceed With Wrongful Termination Claim Under The ADA In Blackburn v. Trustees
The Americans with Disabilities Act protects qualified individuals against several different types of discrimination based on a “disability.” A qualified individual with a disability includes those individuals with any medical, physiological, or psychiatric condition that substantially limits a major life activity. Further, the ADA protects against perceived disabilities. This includes disability discrimination based on stereotypes and baseless…
Read MoreReligious Discrimination Lawsuit Based On Headwear Policies Continues in United States v. New York City Transit Authority
In late September, a federal court determined that a religious discrimination case filed on behalf of Muslim and Sikh bus drivers, train operators and subway station agents should proceed. The federal ruling came a year after a district court judge determined that the case should proceed because the New York Transit Authority had failed to show any…
Read MoreOlder Employee May Bring Claim For Age Discrimination Claim Where Evidence Exists That Younger Workers Were Treated Better in Earl v. Nielsen Media Research, Inc .
Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…
Read MoreMan With Schizophrenia Can Bring “Regarded As” Claim
Many times work place biases influence how we are treated at work. Fortunately, congress has enacted laws to protect us from many forms of employment discrimination. One of these laws is the Americans with Disabilities Act, which prohibits disability discrimination against qualified individuals. The ADA prohibits your employer from taking adverse action against you because of your disability…
Read MoreAppeals Court Determines Police Sergeants And First-Responders Entitled To Overtime Pay in Edward Mullins et al v. City of New York
In a precedent setting wage and hour case, the U.S. Court of Appeals for the 2d District determined that New York City police department sergeants were entitled to overtime pay. In Edward Mullins et al v. City of New York the court evaluated whether the sergeants had been misclassified as “exempt” by the department in violation of the Fair…
Read MoreBuckley Bala Wilson Mew LLP Victorious In Reverse Race Discrimination Case. 11th Circuit Court of Appeals Determines Employees May Always Bring A Claim for Discrimination Where Circumstantial Evidence Of Discriminatory Intent Exists
In a recent 11th Circuit Court of Appeals opinion, Mitten v. Lockheed – Martin Aeronautics, the Appellate Court determined that an employee may bring a claim for relief where sufficient circumstantial evidence exists of racial discrimination. It is not necessary to show that another person in the same job position was treated more favorably in order to…
Read More$20 Million Settlement In Verizon Disability Discrimination Case
In the largest settlement in the history of the Equal Employment Opportunities Commission (EEOC), Verizon Communications has agreed to settle a class-action disability discrimination lawsuit. The lawsuit, EEOC v. Verizon Del. LLC, challenges the company’s attendance policies, asserting that the company violated the Americans with Disabilities Act (ADA) by maintaining attendance policies that did not…
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