Psychological Test Given Prior To Promotion May Be Discriminatory
Retail giant Target Corporation has just agreed to pay $2.8 million to settle an employment discrimination complaint. The race and disability discrimination lawsuit alleged that applicants for upper level jobs were improperly screened out. According to the complaint, the tests given to candidates were not sufficiently neutral. Instead, the tests disproportionately screened out women, Asians…
Read MoreWhat you need know about the FLSA Proposed Rules
The Department of Labor (DOL) has issued several new rules concerning the Fair Labor Standards Act (FLSA). While these rules have not yet been become effective, they signal a change in the way the FLSA will be interpreted in the future, and may have a significant impact on many workers, including their right to overtime…
Read MoreLawsuit Alleges Discrimination Based on Perceived Disability
Employment news reports that the federal government has filed a lawsuit against Amtrak, alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak unlawfully discriminated against a person who had epilepsy. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act prohibit discrimination…
Read MoreThe Importance of Proper Employment Classification
The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA), affecting the circumstances under which someone may be considered “exempt” vs. “non-exempt” and when a worker may be entitled to overtime pay, underscores the importance of correct worker classification. In fact, how you are classified can have a significant impact, affecting…
Read MoreReligious Beliefs Not An Excuse For Discrimination
Following the recent Supreme Court decision legalizing gay marriage, many opposing the decision have denounced it based on moral grounds. Some have suggested that, based on religious reasons, they don’t have to recognize gay marriage and that “religious beliefs” can justify discrimination. However, this is simply not true. While many laws protect your religious freedoms…
Read MoreAre You An Independent Contractor Or An Employee?
The Department of Labor has issued a new “Administrator’s Interpretation” that provides a narrower definition of what it means to be an “independent contractor.” Determining your work classification, whether you are an employee (exempt or non-exempt) or an independent contractor, has significant implications. Employees are generally entitled to benefits that are not provided to independent…
Read MoreProposed Changes Affecting FLSA Exemptions Issued
On July 6th, the Department of Labor issued its much anticipated rules designed to update the Fair Labor Standards Act (FLSA) regulations. The rules sought to “define and delimit” overtime exemptions for while collar employees. Whether an employee is exempt or not can have a significant impact on a worker’s take home pay. Those employees…
Read MoreFailure 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…
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