Posts by Buckley Bala Wilson Mew LLP
President Obama Calls For Minimum Wage Hike
President Obama’s State of the Union Address included a call for an increase in the Federal minimum wage – placing a renewed emphasis on the critical issue of making ends meet for many working Americans. Obama has asked Congress to raise the minimum wage to $9 an hour from $7.25/ hour, a move that could…
Read MoreCompany’s Excuse That It Fired Employee for Insubordination Could Be Considered “Pretext”
It’s easy to imagine a work situation where a company decides it wants to fire a worker wrongfully – such as because of their gender, age or nationality. Fortunately employment laws rightfully prohibit a company from doing so. In legal terms, the concept of “pretext” applies where a company comes up with an excuse for…
Read MoreMan Called “Borat” Can Bring A Claim For National Origin And Race Discrimination
A man who was repeatedly subjected to name-calling could bring a claim for racial and national origin discrimination. According to a federal judge in Zayadeen v. Abbott Molecular, Inc., a Jordanian-American man who was routinely called “Borat” and otherwise mocked because of his heritage could bring a claim of discrimination under the “hostile work environment” theory…
Read MoreFMLA Leave Covers Care of Children Regardless Of Age Disability Begins
The Wage and Hour Division of the Department of Labor has just issued an important opinion regarding the Family and Medical Leave Act. Officially entitled Administrator’s Interpretation No. 2013-1, the WHD has determined under the FMLA, an employee is eligible to take leave to care for a child who is “incapable of self-care because of a…
Read MoreDo Start Ups Need To Pay Their Employees Overtime Compensation?
The combination of the sluggish economy and advances in technology has led to an increase in the number of “start-ups” – new entrepreneurial ventures that are often started with little capital. Start-ups face certain unique employment law issues. Even though they may start out too small to be regulated by all state or federal labor…
Read MoreWhat Is An Essential Function Of Your Job?
What is an essential function of your job? The answer may affect your ability to bring a disability discrimination lawsuit. A basic rule of the federal anti-disability discrimination law (the ADA and the ADAAA) is that employers are prohibited from discriminating against “qualified individuals with a disability” in the terms and conditions of employment. A…
Read MoreHow Does A Natural Disaster Impact Your Take Home Pay?
What happens if you are scheduled to work and a hurricane strikes, or your office building floods, or the weather prevents you from getting to work? Are you entitled to be paid when a natural disaster keeps you from putting in the hours planned? A lot of that depends on whether you are considered an…
Read MoreHospital Worker Fired For Refusing Flu Shot Due To Vegan Beliefs Can Sue Hospital for Religious Discrimination
Title VII of the Civil Rights Act of 1964 Act prohibits religious discrimination. This federal anti-discrimination law means your employer may not discriminate against you “because of” your religious beliefs. The law also prohibits harassment based on your religious beliefs as well as retaliation against you for complaining about religious discrimination or for participating in…
Read MoreWhat Constitutes Retaliation In A Fair Labor Standards Act Case?
The Federal Fair Labor Standards Act (FLSA) provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. Pursuant to the FLSA, employers must pay workers at least minimum wage ($7.25/hour, although in some states the wage is higher) and pay all non-exempt workers overtime compensation for time worked in excess of…
Read MoreRepeated Racial Slurs And Threatening Behavior Constitute Race Harassment
Unfortunately race discrimination in the work place continues to exist well into the 21st Century despite efforts to improve the working conditions for all employees. In order to help get rid of racism in the workplace, lawmakers enacted federal labor laws, including Title VII of the 1964 Civil Rights Act to rid the workplace from…
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