Posts by Buckley Bala Wilson Mew LLP
Exemptions need not be “narrowly” construed
A recent Supreme Court decision concerning how workers are classified (whether as exempt or non-exempt) may potentially have widespread impact on this issue. In the matter, a car dealership classified workers as exempt. If a worker is considered exempt, then he or she will not be entitled to overtime pay, regardless of the number of…
Read MoreJury awards $17 million in national origin discrimination case
A federal jury has just awarded a man almost $17 million in a national origin discrimination case. According to court documents, the man was repeatedly criticized and berated because his Arab background and his accent. The man is highly educated – with a PhD in industrial engineering. However, despite his education and training, his supervisors treated him as…
Read MoreSpending Bill Provides Protections to Tipped Workers
Congress has just passed its new proposed spending bill, which includes a welcome provision protecting restaurant workers ability to keep the tips they earn. The bill sets forth that owners and managers may not retain the tips earned by tipped employees, as many feared when the current administration announced its plans to all employers to share in…
Read MorePay considerations for employees who want to work remotely
With more and more companies providing ways from employees to work remotely, what happens when an employee who typically performs in-office work, calls in sick and requests to work from home? What are the FLSA implications? The answer depends, in-part, on how the employee is classified – i.e. is the employee is exempt or non-exempt.…
Read MoreHow Does Daylight Savings Time Affect My Pay?
This weekend marks the beginning of daylight savings time. On Sunday, March 11 at 2 a.m., time will “spring ahead” one hour for most states across the country. Late shift workers and other over-night employees may wonder about the impact of the time change on their take home pay. The Fair Labor Standards Act (FLSA)…
Read MoreFederal Court Determines Title VII Prohibits Transgender Discrimination
In a recent landmark case, the 6th Circuit Court of Appeals determined that Title VII of the Civil Rights Act of 1964 prohibits transgender workplace discrimination. The court also determined that employers may not use the Religious Freedom Act as an excuse or justification to discriminate against workers. In the case, EEOC v. v. R.G.…
Read MoreWhistleblower Lawsuit Filed Against HUD Secretary
A federal official has just filed a whistleblower complaint alleging that she was demoted for refusing to go over budget and pay more than was allowed to decorate Housing and Urban Development Secretary Ben Carson’s office. According to the sworn complaint filed with the Office of Special Counsel, the official was instructed to “find money”…
Read MoreFederal Appeals Court Determines Title VII Protections Against Sex Discrimination Include Sexual Orientation Discrimination
On Monday, a second federal court of appeals determined that sex discrimination prohibited by Title VII of the Civil Rights of 1964 extends to and includes sexual orientation discrimination. The New York federal appeal court determined that “sexual orientation” discrimination is a subset of sex discrimination. This means that employers are prohibited from taking one’s…
Read MoreThe Importance of Cracking Down on Minimum Wage Violations
A recent investigation by Politico determined that as legislative fights continue concerning raising the minimum wage, enforcement of current minimum wage laws can be a challenge. The national minimum wage remains at $7.25/hour, with several cities and other local municipalities having higher pay rates. Despite the encouraging news that minimum wage rates are rising, many…
Read MoreAs Hiring Practices Change, Employers Must Use Care Not to Discriminate
As the workplace evolves, both in how employers seek new hires, and the day-to-day performance of tasks, it is important that employees’ basic rights are respected and are not inadvertently violated with the changing times. For example, when seeking new hires, several cases have challenged the use of certain criteria and targeting of certain demographics…
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