New Bill Takes Aim At Employment Discrimination Based on Credit Report
Recently, Senator Elizabeth Warren (D-Mass.) and Rep. Steve Cohen (D-Tenn.) introduced a new bill aimed at eliminating potential employment discrimination based on credit scores. The bill, called the Equal Employment for All Act, criticizes the practice of American employers checking the credit history of job applicants. The legislators argue that such credit history checks discriminate…
Read MoreIntern or Employee?
The question of whether student interns should be considered employees is a challenging one in employment law. If a student intern is deemed an employee, they may be entitled to employment benefits under the Fair Labor Standards Act (FLSA), including receiving at least minimum wage and overtime compensation for hours worked beyond 40 in a…
Read MoreHave You Been a Victim of Age Discrimination?
An unfortunate consequence of the aging population in America and the desire of employees to work longer is the increasing occurrence of age discrimination. Employers often perceive older, more experienced workers as costlier due to factors like seniority and pension plans. Consequently, when companies face financial difficulties and need to save money, they may let…
Read MorePsychological 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 MoreMinimum Wage Increases Gaining Traction
The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from its current minimum wage of $8.75/hour. Similarly, the University of California has…
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…
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