Posts by Buckley Bala Wilson Mew LLP
Transgender Discrimination Lawsuit Filed
The New York Times reports that a New Jersey man, El’Jai Devoureau – who was born a woman – has filed a ground breaking transgender discrimination lawsuit. At issue is whether he is considered a “man.” Devoureau – a urine monitor at a drug treatment center – was fired because his employer claimed being male was…
Read MoreBias Claim Revived Based On Lily Ledbetter Act
As the area of employment law continues to evolve, new laws are enacted, and old ones may be amended or interpreted in new ways. Fortunately many times, the new laws create greater protections for workers against employment discrimination. But what happens if you are subjected to discriminatory actions before a law becomes effective? What if…
Read MoreGeorgia Employers Must Show Legitimate Reasons For Failing To Reinstate Employees
Many times employees are afraid that if they take an approved leave under the Family and Medical Leave Act (FMLA), they won’t get their job back when they return. A recent case out of the Ninth Circuit has just determined that if an employer doesn’t give you your job back after an FMLA approved leave,…
Read MoreGeorgia Employment Of Persons With Mental Disabilities Encouraged
In 2009, the ADA Amendments Act took effect. One of the objectives of the ADAAA was both to cover more people and to give those people with disabilities greater protection from discrimination at work. One of the groups still experiencing very low employment rates are those people with mental disabilities. The new amendments provide greater coverage for…
Read MoreStaffing Agency May Be Required To Pay Overtime
Is a staffing agency required to pay overtime? Yes. According to a recent case, if you are entitled to overtime pay, it may be a violation of the Fair Labor Standards Act if a staffing agency does not pay you all the compensation you are entitled to. In the staffing agency case, a hotel and restaurant company named…
Read MoreAllowing Clients To Harass Employees May Lead To Lawsuits
Over the last several years employers have started to recognize that sexual comments, lewd jokes and other types of sexual behavior may make employees uncomfortable and efforts should be made to eliminate offensive behavior. Allowing unwelcome conduct to continue may create both a bad working environment and lead to sexual harassment lawsuits. But what about when a…
Read More“Cat’s Paw” Liability Upheld
In a significant employment discrimination decision, the U.S Supreme Court has just ruled that an Army Reservist who had a civilian job as a hospital technician could bring a lawsuit for employment bias and discrimination against him due to his commitment to the military. In addition to being a positive result for the man who brought the lawsuit, this…
Read MoreNew Legislation Introduce to Raise Base Pay For Tipped Workers
A Maryland Congresswoman has introduced a new bill to amend federal law regarding the way “tipped employees” are paid. The bill – known as WAGES [working for adequate gains for employment in services] would require employers pay a base salary of at least $5.50, up 158% from its current $2.13. Tipped employees – such as waiters and…
Read MoreCould Nursing Home Have Done More To Prevent Sexual Harassment?
If you’re the victim of sexual harassment and you complain to management about the offending behavior, what actions must the company take? This question is at the root of many work-place disputes. A recent case from the Tenth Circuit, which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, questioned if a nursing home did enough in…
Read MoreDick’s Sporting Goods Settles Wage And Hour Violation Case For $15 Million
Dick’s Sporting Goods has agreed to pay current and former employees $15 million to settle a federal wage and hour lawsuit. Under the Fair Labor Standards Act (FLSA), one of the oldest federal employment laws, most workers are entitled to minimum wage, currently $7.25/hour in most states, and overtime. The overtime laws provide that all employees who are…
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