Posts by Buckley Bala Wilson Mew LLP
Muslim Teen Allegedly Denied Job Because Of Head Scarf May Have Claim For Religious Discrimination
The popular clothing store Abercrombie & Fitch, often in hot water for its advertising campaigns, now finds itself facing legal troubles. A Muslim teenager was turned away for employment by the retailer after wearing a religious headscarf to a job interview. Now, a federal district court in California has determined that the Equal Employment Opportunity…
Read MoreBill To Amend FLSA May Give Employers More Control Over Overtime Pay
Recently a House Bill aimed at amending the Fair Labor Standards Act (FLSA) was introduced to a U.S. Congressional Committee. The FLSA as it is currently written is already one of the more pro-worker federal labor laws in existence. Although the FLSA covers a number of different areas, including child labor laws, there are two…
Read MoreA Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment
Despite improvements in race relations over the last several decades, many instances of racism still exist in the workplace. Two different federal laws exist that protect against race discrimination in the workplace – Title VII of the Civil Rights Act of 1964 and 42 U.S.C. Sec. 1981. Title VII prohibits employers from taking race into…
Read MoreFair Labor Standards Act Protects Your Right To Overtime Compensation
House republicans are set to consider legislation that may weaken your right to overtime compensation under federal law. The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws, setting forth certain minimum wage and overtime standards applicable to virtually all U.S. employers. The FLSA provides that all non-exempt employees are entitled…
Read MoreFemale Basketball Referee Brings Case For Bias
Recently a female basketball referee from New Jersey brought a lawsuit against the local school district and the state scholastic association alleging that she was being illegally discrimination against because of her sex. According to her sex discrimination lawsuit, she was unlawfully excluded from officiating boys’ high school varsity basketball games. The lawsuit raised a…
Read MoreGetting to Work on Time Isn’t Always an Essential Job Function Under the ADA
In many situations, workers may sustain certain types of injuries or have a legally defined disability, but still be able to perform many of the functions of their job with some slight adjustments. The Americans with Disabilities Act (the “ADA”) and the American with Disabilities Act Amendments Act (the “ADAAA”) are designed to protect these…
Read MoreMale Worker Successfully Alleges Claim Under Equal Pay Act
In a recent Georgia pay discrimination case, the U.S. Court of Appeals for the Eleventh Circuit determined that a male was entitled to proceed with his claim. The Fulton County, Georgia community development specialist alleged that he was paid less than a female manager who had the same job responsibilities. The Equal Pay Act provides…
Read MoreShould Your Employer Pay You For Time Spent Changing Your Clothes?
A hotly contested topic around the country is whether workers should be paid for time spent changing their clothes. A failure to pay an employee for all of the time-spent working may be a violation of the Federal Labor Standards Act (FLSA). Under the FLSA, employers must pay all non-exempt workers for all time-spent working,…
Read MoreYour Employer May Need To Pay You For Time Spent On Your Smartphone
For many workers, time spent working doesn’t end when they leave the office. With the increased usage of smart phones, employers may be able to reach workers at all hours. Workers may feel reluctant to ignore a late night or weekend email from an employer, even though it arrives during non-working hours. At what point…
Read MoreEmployment Practices May Be Considered Gender Disricimination
Many times when workplace discrimination occurs its subtle. For example sex discrimination doesn’t necessarily include an overt statement or action – such as groping or other obvious sexual actions – but may rather exist in a company’s policy or actions that have the effect of discrimination – but aren’t quite so obvious. It’s important to…
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