Failure to Allow Leave For Cancer Treatment May Violate the ADA
According to legal news, Dunkin’ Donuts has been sued for disability discrimination after refusing to provide medical leave to a woman suffering from cancer. In a clear violation of the Americans with Disabilities Act (ADA), the doughnut chain terminated the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a…
Read MoreGay Marriage Legalization and the Changes that Need to Follow
To many Americans, Friday’s 5-4 Supreme Court ruling legalizing gay marriage nationwide signifies much-needed societal advancement and provides long-awaited legitimacy for relationships, families, and modern American life. Justice Kennedy’s opinion eloquently addressed the quest for equal dignity under the law for same-sex couples. At Buckley Bala Wilson Mew LLP, we applaud the Supreme Court’s decision…
Read MoreCourt Holds Uber Drivers Are Employees
Whether a worker is classified as an employee or an independent contractor can have a significant effect on a person’s take home pay, as well as his or her entitlement to certain rights and benefits. For example, pursuant to the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to be paid at least minimum…
Read MoreAge Discrimination Claim Advances Based On “Cat’s Paw” Theory
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination. It is illegal for an employer to take adverse employment action against an employee based on their age. To establish a prima facie case of age discrimination under the ADEA, a plaintiff must demonstrate four elements: (1) they are a member of the protected age…
Read MoreIs Your Company Required to Pay You Overtime Compensation For After-Hours Smart-Phone Use?
Many companies have taken to the practice of providing their employees cell phones. This practice can blur the line between work hours and off hours, and raise legal questions concerning the right to overtime compensation. Several currently pending lawsuits are based on the premise that companies expect employees to work unpaid and off hours via…
Read MoreGay Rights Groups Seek Legislation Ending Employment Discrimination
In anticipation of a Supreme Court victory on same-sex marriage, many gay rights activists believe that the time is ripe for passing broad-based federal legislation against discrimination in the workplace. Currently, some states have protections banning discrimination against gay and transgender people, but no explicit bans exist in 28 states and at the federal level.…
Read MoreHow The Overtime Rules May Affect You
The Department of Labor will soon be issuing a new proposal concerning overtime pay with many observers believing that the salary threshold will be raised. Currently, workers are only guaranteed time and a half if you earn less than $455 a week ($23,660) a year. Many think that this limit will be increased to somewhere…
Read MoreMovement To Increase Minimum Wage Gaining Steam Across the Country
The Fair Labor Standards Act (FLSA) applies to nearly all workers in the United States and provides certain basic protections and guidelines. Among these are the guarantee that workers earn at least minimum wage and that all non-exempt employees earn overtime compensation at a rate of one and one-half times their standard rate of pay…
Read MoreUSERRA Discrimination Alleged Against DEA
CBS News reports that more than a dozen federal agents have filed an employment discrimination action against the Drug Enforcement Agency (DEA). According to reports, the agents allege that the DEA has subjected the workers to “consistent, perpetual harassment that continues to escalate.” One of the servicemen has alleged that he has been constantly harassed…
Read MoreNew Overtime Exemption Laws To Be Revealed Soon
This past week, Labor Secretary Thomas Perez announced that his agency has finished drafting proposals which would update the Fair Labor Standards Act (FLSA) overtime and minimum wage laws for the first time in over a decade. While no one knows exactly what the proposals will include, many anticipate that they will allow for more…
Read More