Posts by Buckley Bala Wilson Mew LLP
Labor Department Revises Intern Test
The Department of Labor (DOL) has just announced that it has adopted a stricter test for determining which workers are “employees” vs. “interns,” and thus eligible for pay and other benefits associated with employment. Previously, the DOL followed a six-part test to determine how a worker should be classified. This test focused on a variety…
Read MoreNew Year will usher in a pay raise for many low wage earners
For many minimum wage earners, January 1, 2018 will mean higher pay. 18 states and numerous localities are raising their minimum wage for the new year. Unfortunately, despite efforts to increase the federal minimum wage, legislators have still kept it at a low $7.25 an hour. The states expected to raise minimum wage include: Alaska,…
Read MoreChief Justice Roberts announces initiative to address sexual harassment
With heightened scrutiny being paid to sexual harassment and discrimination at the work place, Chief Justice John Roberts Jr. has announced that the federal judiciary will take steps to ensure that its employees are protected from harassment and discrimination. The Chief Justice notes that the judiciary is “not immune” to such behavior. Last month Judge…
Read MoreThings You Should Know About Family & Medical Leave
Health problems and family changes can be stressful, so it isn’t surprising that employees may need to take time off work to face these challenges. Many employers offer some form of sick leave or paid time off, but these may not always be adequate. The Family & Medical Leave Act (FMLA) offers an alternative for…
Read MoreBreast-feeding Discrimination Claim Proceeds
In a recent employment law decision, a federal district court found in favor of a woman’s claim that she had experienced discrimination while breast-feeding. In this instance, the woman expressed breast milk in a shared office. She had been instructed to use the designated “lactation room”, however her job duties as a clinical bed manager in…
Read MoreCan year-end bonuses replace overtime pay?
With the holidays upon us, many of Georgia’s workers have received or will be receiving end of the year bonuses. In most cases this is cause to celebrate. However, what if that “bonus” is paid but overtime hours earned are not? Can bonuses be paid in place of overtime compensation? In general – bonuses and…
Read MoreLawsuit Asserts Amazon Ads Violate Age Discrimination Laws
A new lawsuit asserts that Amazon, Facebook and T-Mobile are using discriminatory practices by targeting potential new hires through the use of Facebook ads. The age discrimination lawsuit alleges that such practices violate “various state laws prohibiting age discrimination in employment,” according to a lawsuit filed Wednesday in federal court in San Francisco. The lawsuit…
Read MoreDepartment of Labor Proposes Changes to Tip Pool Rules
The Department of Labor (DOL) has just announced that it is going to revisits tip pools. Currently, tip pools are highly regulated with the requirement that only those workers who typically earn tips are able to participate in the pool. This typically excludes managers, but also hourly cooks and dishwashers – “back of the house”…
Read MoreCan businesses discriminate citing “religious freedom”?
Last week, the United States Supreme Court heard argument concerning whether a business had a constitutional right to discriminate against a gay couple by asserting it violated their “religious freedom.” In that matter,Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, a gay couple sought to purchase a wedding cake from a Colorado baker. However, the…
Read MoreEmployers must respond to sexual harassment allegations
The recent high profile sexual harassment charges have been a watershed moment in United States history, exposing an all too common problem at American work places. It also raises a question about what employers should do when they learn of complaints against supervisors and/or co-workers acting inappropriately. When an employee complains about sexual harassment, failing…
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