DOL signals it may seek to increase the FLSA’s salary threshold
After implementation of the new Fair Labor Standards Act (FLSA) regulations were put on hold last year, many employers and employees were left wondering whether the changes would ultimately take effect. The changes would have increased the salary threshold to be considered exempt from $23,660 to $47,476, thereby allowing potentially millions more workers to qualify…
Read MoreAre employers required to share tips?
Recently, the 10th Circuit Court of Appeals determined that employers are not required to share tips with employees as long as those employees are paid at least minimum wage. In that case, a woman worked as a caterer, earning $12/hour straight time and $18/hour overtime. At the end of her shift, she received tips from…
Read MoreWhen must interns be paid?
With several high profile cases recently challenging the practice of using unpaid interns, many industries and companies have adjusted how they compensated interns and the work duties assigned to interns if they are to remain unpaid. One industry still struggling with finding the right balance is the restaurant industry, especially when it comes to training…
Read MoreSupreme Court to hear discrimination based on “religious freedom” case
The Supreme Court has announced that it plans to hear a discrimination case involving a bakery that refused to sell a wedding cake to a gay couple. The Colorado-area bakery asserted that it was against their “religion” to sell to a gay couple. The bakery was found guilty of discrimination. Similarly a florist in Washington…
Read MoreMinor League Baseball Players Allege Wage and Hour Violations
A collective action brought by Minor League Baseball (“MILB”) players is currently pending seeking back wages and damages for violations of the Fair Labor Standards Act (“FLSA”). The FLSA provides certain guarantees, such as that workers be paid at least federal minimum wage, and that non-exempt workers earn overtime pay at a rate of one…
Read MoreKentucky Fried Chicken Restaurant Sued for Disability Discrimination
Legal news reports that an Atlanta-area Kentucky Fried Chicken franchise is being sued for alleged disability discrimination in violation of the American’s with Disability’s Act (ADA). The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA also prohibits disability harassment and retaliation against you for complaining about…
Read MoreRecognizing Signs of Sexual Harassment in the Workplace
Sexual harassment and sexual assault are two serious issues that workplaces have to constantly be on the lookout for. Unfortunately, despite a culture which encourages anonymous whistleblowers and reporting those who perpetrate these acts, a number of people will still refuse to come forward, leaving perpetrators to walk away consequence-free. However, you can help your…
Read MoreIncreasing the minimum wage benefits local communities
Recently one of Georgia’s congressional candidates stated that she does not “support a living wage.” Many states and local governments have enacted measures increasing the minimum wage to reflect a “living wage”, often established at $15/hour. A living wage is considered a wage that is high enough to maintain a “normal” standard of living. The…
Read More50 Years after the ADEA was enacted, age discrimination continues
It has been 50 years since the Age Discrimination in Employment Act (ADEA) was first enacted in an effort to address ageism in the workplace. The ADEA was enacted to remove age discrimination from the workplace, with its stated purpose to “to promote the employment of older workers based on ability rather than age, prevent…
Read MoreReport Finds Walmart Punishes Employees Who Take Leave
A recent study revealed a troubling finding – that the nation’s largest private employer may be punishing employees who lawfully take “sick days” or leave. Such actions may violate worker’s rights under the American’s with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). According to the report, issued by A Better Balance, and referenced in…
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