Posts by Buckley Bala Wilson Mew LLP
Lawsuit 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…
Read MoreCan an hourly employee legally be denied overtime pay?
Federal wage and hour law, the Fair Labor Standards Act (FLSA), provides that non-exempt workers are entitled to receive overtime pay at a rate of one and one-half times their standard rate of pay for all time spent working in excess of 40 hours in any one work week. This simple statement raises several questions.…
Read MoreWhat Constitutes a “Living Wage” in Georgia?
The Fair Labor Standards Act (FLSA) provides that workers must be paid at least minimum wage and that non-exempt workers receive overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40 hours in any workweek. The current federal minimum wage is $7.25/hour.…
Read MoreLawsuit alleges racial discrimination
A recent lawsuit filed by a former Tesla employee asserts that he was fired for complaining about racial harassment, and that despite his complaints, Tesla never investigated his concerns. Specifically, the discrimination lawsuit asserts that employees and supervisors regularly used the “n word” around him and other black co-workers. After he complained about the harassment and…
Read MoreWhat labor laws apply if you’re a seasonal employee?
With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour claims that may arise. For example, it’s important to ensure your classification is correct, whether…
Read MoreBank Found Liable for Violating Whistleblower Law
A federal jury has just found JP Morgan Chase liable for unlawful retaliation in violation of the Sarbanes-Oxley Act. According to the whistleblower lawsuit, a former wealth manager flagged a wealthy client of the bank for potential fraud and money laundering. Shortly thereafter, she was fired. The jury agreed, and found that she should be pain…
Read MoreWhat is “language discrimination”?
Most employers and employees are aware that certain types of discrimination are illegal – such as race or gender. However, they may not be aware of how different policies or practices that appear neutral may be illegal as well. One area is “language discrimination” which may constitute improper and illegal race or national origin discrimination…
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