Posts by Buckley Bala Wilson Mew LLP
50 Years Later: the Civil Rights Act of 1964 and Title VII
In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – hotels, restaurants, theaters, retail stores, and similar establishments,” as well as “greater protection for the…
Read MoreResearch Shows Weight Discrimination is Prevalent
Employment discrimination may occur in a variety of settings. Title VII of the Civil Rights Act of 1964 prohibits many types of discrimination including discrimination based on race, color, sex, national origin and religion. This means that employers are prohibited from making employment decisions such as hiring, firing, promoting based on these categories. In fact,…
Read MoreDegree of Control A Central Factor In Determining Who Is An Employee v. Contractor
Recently, several cases around the country involving strippers have highlighted a significant issue for workers in all lines of work – whether you should be classified as an independent contractor or an employee. In the latest case, Terry v. Sapphire, the Nevada Supreme Court determined that strippers at a Las Vegas club should be considered…
Read MoreNCAA Sued For Wage Violations
A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar…
Read MoreWage and Hour Questions Prevalent In Health Care Industry
Federal labor law (the Fair Labor Standards Act – FLSA), provides many protections for the vast majority of this country’s workers. Pursuant to the FLSA, workers must be paid at least minimum wage and all non-exempt workers are entitled to overtime compensation at a rate of one and one-times their standard rate of pay. Although…
Read MoreAre You an Employer or Employee?
A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors.…
Read MoreWhen Should Employees Be Paid For Pre- and Post-Shift Time?
This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security clearance line for their employer’s benefit must be compensated. Even though the case only concerns security checks,…
Read MoreADA Lawsuit Filed Against FedEx
Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job applicants for many years. Among the allegations include claims that the company failed to provide the workers…
Read MoreWho Is an Employer or Employee Under the FLSA?
Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right to be paid at least minimum wage, and that all non-exempt employees are entitled to overtime pay at…
Read MoreSupreme Court To Hear Religious Discrimination Case Based On Look Policy
The Supreme Court has just announced that it will hear the religious discrimination filed by a Muslim woman against clothing retailer Abercrombie & Fitch. The Title VII employment discrimination matter involves the case of a Muslim teenager who was rejected from a job she applied to as floor staff because she didn’t meet their “Look…
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