Employment Law
Common FLSA Workplace Violations
The Fair Labor Standards Act (FLSA) provides the majority of workers certain protections such as the right to make at least minimum wage and to earn overtime pay, typically at a rate of one and one half times a worker’s standard rate of pay for hours worked in excess of 40 in a week. However,…
Read MoreAppellate Court Decision May Lead to Discriminatory Hiring Practices
A recent decision by the U.S. Court of Appeals for the Eleventh Circuit concerning federal age discrimination law is drawing sharp criticism. In Villarreal v. R.J. Reynolds Tobacco Co., a Georgia man sued R.J. Reynolds and two job search companies alleging unlawful age discrimination based on the tobacco company’s hiring policy which gave preference to…
Read MorePoll Finds Nearly One-half of Young African American Workers Face Job Discrimination
A recent poll has found that nearly one-half of young black people in America face job discrimination, whether during their job search or while on the job. The poll also found that about one-third of women of all races believe that they have faced gender discrimination. The GenForward race discrimination poll determined that 48% of African…
Read MoreEmployee or Independent Contractor?
A recently filed lawsuit against Amazon, Inc. has highlighted an issue that is a growing concern for workers across America – employment misclassification. Pursuant to the Fair Labor Standards Act (FLSA), whether you are classified as an employee or independent contractor can have a significant impact on both the benefits you are entitled to and…
Read MoreCan I Get Fired for What I Say on Social Media?
While having your parents on social media following your accounts might be widely considered as embarrassing, having your employer or boss do the same can be far worse. Everything you say on Facebook, Twitter, and other popular websites and applications can come back to bite you, especially if it directly insults your workplace or is…
Read MoreI Need More than 12 Weeks of FMLA Leave! What Do I Do?
Employers in every state are required under the federal Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical, military, and maternity/paternity reasons. Employees who take this time are entitled to have their positions reinstated upon their return. How Many Weeks of FMLA Can You Take? Employees…
Read MoreHow to Prove Workplace Discrimination
In the United States, employers are prohibited from discriminating against employees based on protected characteristics such as race, gender, national origin, age, veteran status, disability, or religion. When a person believes that they have been discriminated against, they can file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and may be entitled…
Read MoreEmployment Discrimination Against Interns Unlawful
With summer rapidly approaching, many companies are preparing to hire interns. These interns often take on unpaid positions, but it’s important to understand the specific rules regarding whether interns must be paid. The Department of Labor has defined an intern (without requiring pay) as an individual who works to supplement their educational training, is not…
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 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…
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