Policy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreStates Seek To Extend Overtime Laws To Protect Farm Workers
The California legislature has passed a bill that seeks to extend overtime pay protections – such as those contained in the Fair Labor Standards Act (FLSA) – to state farm workers. If passed, these protections could serve as a model for other state and federal overtime pay laws. The California law provides that farm laborers…
Read MoreLeave May Be Considered A Reasonable Accomodation Under The ADA
Can leave be considered a “reasonable accommodation”? At a recent labor and employment conference, an employers’ duty toward workers with injuries was discussed. Calling the “American with Disabilities Act” (the ADA) an “inadvertent leave law” an EEOC Commissioner explained that after employees have exhausted the leave entitled to them under the Family and Medical Leave…
Read MoreMale Principal May Have Claim For Sex Discrimination And Harrassment Against Female Employees
Although many people traditionally think of sex discrimination or sexual harassment cases as those that involve a woman receiving unfavorable treatment at work or being subjected to unwanted advances by a male – claims for sex discrimination or harassment may be filed by males or females and discrimination cases may arise whenever someone’s gender factors…
Read MoreInvestigation Begins Into Potential Wages And Hour Violations At Forever 21
News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to cooperate with the government’s investigation into the labor practices of the company. The clothing…
Read MoreWhat Is Illegal Retaliation Under The Fair Labor Standards Act?
Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions. The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation…
Read MoreIs Telecommuting Considered An Accommodation Under The Americans With Disabilities Act?
With the proliferation of technology making in possible is many situations to telecommute, disabled workers may wonder if a request to work remotely should be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA). According to several cases, whether an employer must grant a request to telecommute should be based on a fact-specific…
Read MoreEmployee Misclassification Common Violation Of FLSA
A high-end childcare center has been found in violation of federal overtime compensation laws. According to news reports, Crème de la Crème, has been ordered to pay back wages to more than 350 current and formers workers based on violations of federal overtime policy and record keeping. Crème de law Crème operates day car centers…
Read MoreSupreme Court Set To Consider 4 Employment Discrimination Cases
On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As topGeorgia employment lawyers concerned about the employment litigation, the discrimination lawyers at Buckley Bala Wilson Mew LLP will be following these cases closely. The cases to be reviewed…
Read MoreFemale Workers Face Challenges From Over And Under Employment
A recent Op Ed piece in the New York Times raises an interesting point – although high earning women and low wage earning women seem to have different problems, the issues they face as the result of the way the Fair Labor Standards Act (FLSA) is currently written are very similar. A main issue is that women…
Read More