Exempt Or Non-exempt? Failing To Classify Workers Correctly May Violate The FLSA
Determining whether a worker is exempt v. non-exempt is one of the more crucial decisions employers can make. If a worker is categorized as “non-exempt” the Fair Labor Standards Act (FLSA) provides that that employee must be paid overtime for all hours workers in excess of 40 hours in any workweek. Overtime pay is typically…
Read MoreIndependent Contractor Or Employee?
One of the more difficult questions in employment law – and one that gets employers in a lot of trouble – is are you an employee or an independent contractor? Recently, the 11th Circuit Court of Appeals determined that a Florida District Court was wrong when it decided that a group of cable, Internet and…
Read MoreReferring To A Female Police Officer As “That Chick Cop” May Be Sexual Harassment
A Connecticut court has just determined that a female police officer can advance her claims of sex discrimination and sex harassment. One of her primary complaints – the police chief repeatedly referred to her as that “chick cop.” Despite some progress toward equality in the work place, sex discrimination and sexual harassment still continue. Fortunately,…
Read MoreJustice Ginsburg Calls On Congress To Intervene After Employment Discrimination Ruling
This past week, the Supreme Court issued its decision in an employment discrimination case that may have far reaching consequences. In Vance v. Ball State, the nation’s highest court defined who is a “supervisor.” This issue arose in a race discrimination case involving a woman – Maetta Vance – who worked at a catering service at…
Read More75th Anniversary Of FLSA Highlights Need For Increase In Minimum Wage
This year marks the 75th anniversary of the Fair Labor Standards Act (FLSA). Enacted in 1938, the FLSA provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. The act covers areas such as child labor labor laws, minimum wage and overtime. Despite significant improvements in working conditions much work still…
Read MoreArthritis May Be Considered a Disability for Purposes of the ADA/ADAAA
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect qualified individuals with disabilities from discrimination. This definition can be confusing to some, particularly figuring out who is covered by the act and whether your condition is considered a “disability.” If you have questions about the ADA, whether you are…
Read MoreCourt Decides That Unpaid Interns Were Really Employees In Fox Searchlight Case
A New York judge has just determined that Fox Searchlight violated minimum wage and overtime laws by having unpaid interns work on the movie “Black Swan.” Companies may hire “unpaid interns” and have them do a variety of different tasks. However, the requirements concerning when an intern must be paid and when it’s okay not…
Read MoreWorkplace Sex Discriminiation Still Prevalent
A recent sex bias case out of Louisiana shows that unfortunately, sexism is still alive and well in the workplace. Despite some progress being made toward gender equality – sexist jokes, harassment and biased attitudes still affect many women and may hinder their ability to receive deserved promotions. In the sex discrimination case filed against…
Read MoreRules To Know Before You Agree To An Unpaid Internship
Summer is nearly here and with the season comes an annual influx of students looking for internships. Before you take a job as an intern – either paid or unpaid – it’s critical to understand the laws affecting these positions. If you should be getting paid for your work but aren’t, your employer may be…
Read MoreFirst Class Action GINA Lawsuit Filed
The Equal Employment Opportunity Commission (the EEOC) has just filed its first class action Genetic Information Nondiscrimination Act (GINA) lawsuit against a New York nursing home. GINA is a recently enacted federal law that prohibits an employer from requesting, requiring or purchasing an individual’s genetic information or that of the individual’s family members. GINA was…
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