Posts by Buckley Bala Wilson Mew LLP
Court Determines Jewish Worker May Proceed with Race Discrimination Case Under Title VII
A recent case ruling may have significant impact on what constitutes race in race discrimination cases. In that case, a state court determined that Jews may be considered a race and entitled to protection under federal anti-discrimination law, i.e. Title VII of the Civil Rights Act of 1964. Title VII protects employees against many forms…
Read MoreUnder what circumstances is an inconvenient work schedule considered employment discrimination?
Juggling the demands of work life and family life can often be challenging. Fortunately for many, employers are increasingly understanding of outside demands and have allowed more opportunities for flex-time and remote working arrangements. However, such arrangements do not make business sense for all work places. A recent case examined the question of when, and…
Read MoreWas Firing Due to Being Late to Work or Race Discrimination?
A fired employee has filed a claim for race discrimination asserting that his termination for being late was pretext for discrimination. In the context of race discrimination, pretext refers to the reason or justification that an employer gives to cover up illegal discrimination. It has been defined as “a reason for an action which is false,…
Read MoreCommon Wage and Hour Mistakes Restaurant Workers Encounter
If you work in a restaurant, especially as a tipped worker, there are a number of common errors that many restaurant owners make when it comes to pay. If you believe that any of these apply to you, it’s a good idea to speak with an attorney to review your options. One common area of…
Read MoreDoes the denial of a job offer for wearing dreadlocks constitute race discrimination?
An African-American woman has petitioned the Supreme Court to review her race-discrimination matter. She asserts that she was offered a job as a customer service representative, but the offer was rescinded when she refused cut her dreadlocks. If heard, this case has the potential to impact how courts evaluate race discrimination cases. In this matter,…
Read MoreDOL issues 3 new opinion letters
The Department of Labor (DOL) has just issued three new opinion letters on various topics that affect the enforcement of wage and hour rules and regulations. While the opinion letters do not have the force of law, they do provide guidance concerning compliance. The options letters addressed 3 different topics: 1) What constitutes compensable “work…
Read MoreExemptions need not be “narrowly” construed
A recent Supreme Court decision concerning how workers are classified (whether as exempt or non-exempt) may potentially have widespread impact on this issue. In the matter, a car dealership classified workers as exempt. If a worker is considered exempt, then he or she will not be entitled to overtime pay, regardless of the number of…
Read MoreJury awards $17 million in national origin discrimination case
A federal jury has just awarded a man almost $17 million in a national origin discrimination case. According to court documents, the man was repeatedly criticized and berated because his Arab background and his accent. The man is highly educated – with a PhD in industrial engineering. However, despite his education and training, his supervisors treated him as…
Read MoreSpending Bill Provides Protections to Tipped Workers
Congress has just passed its new proposed spending bill, which includes a welcome provision protecting restaurant workers ability to keep the tips they earn. The bill sets forth that owners and managers may not retain the tips earned by tipped employees, as many feared when the current administration announced its plans to all employers to share in…
Read MorePay considerations for employees who want to work remotely
With more and more companies providing ways from employees to work remotely, what happens when an employee who typically performs in-office work, calls in sick and requests to work from home? What are the FLSA implications? The answer depends, in-part, on how the employee is classified – i.e. is the employee is exempt or non-exempt.…
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