Student Athletes Are Not Employees
A recent case evaluated whether student athletes should be considered athletes, and hence entitled to protections provided by the Fair Labor Standards Act (FLSA). The athletes asserted that because they are paid via tuition and scholarships, they should be considered employees and entitled to overtime pay and to earn at least minimum wage. Often, student…
Read MoreAppellate Court Reviewing Whether Title VII Protects Against Sexual Orientation Discrimination
In a case that could have far-reaching impact on the LGBT community, a federal court is considering whether Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation. The case involves a female math teacher from Indiana who asserts that she was denied promotions and was ultimately fired because…
Read MoreImplementation of New Overtime Rule Suspended
A Texas Court has granted a preliminary injunction blocking the implementation of several key features of the overtime rule set to take effect on December 1st. The new white collar exemption rule raised the salary threshold from $23,660 annually to $47,476. The increase would mean that workers would have to make more than $913/week to…
Read MoreFacebook Faces Race Discrimination Charges
A lawsuit filed in federal court asserts that the social media giant Facebook unlawfully discriminated against two black employees at its North Carolina data center. According to the complaint, the two employees were subjected to several acts of harassment, including a facility manager using racial slurs whenever referring to black employees. When the employees reported…
Read MoreCan I Be Fired While on FMLA Approved Leave?
The Family Medical Leave Act (FMLA) extends a variety of protections and rights to many employees, salaried or hourly. It can grant a total of 12 months of unpaid leave after an employee or a close family member suffers a serious health condition or injury, or to care for a newborn. The concept behind the…
Read MoreIs It Illegal to Discriminate Against Millennial Workers on the Basis of Age?
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the work place. Pursuant to the ADEA, if you are over 40, it is illegal for your employer to discriminate against you because of your age, and you are also protected from harassment. This includes failing to hire older workers, firing employees because of…
Read MoreCan an Employer Deduct Pay from a Salaried Employee?
An employee paid an hourly rate must be paid for every minute worked and at their hourly rate; there are very few exceptions to this employment law requirement. But what about employees that are paid a predetermined salaried amount each week or each month? Is it permissible for employers to dock their pay for one…
Read MoreUSERRA Protects Military Service Members Rights to Civilian Employment
On Veterans Day we honor those who have served in the Armed Forces as well as those who have fallen protecting the country. Currently, nearly 19 million veterans live in the United States, with an estimated 10.8 million veterans in the work force. In order to protect military service members’ right to employment, and to…
Read MoreHistoric Ruling Finds Title VII Prohibits Sexual Orientation Discrimination
Title VII of the Civil Rights Act prohibits various forms of employment discrimination including discriminating “based on” sex. Courts have disagreed whether this includes sexual orientation. In a historic decision, a Pennsylvania District Court held that it does, explicitly finding that prohibited sex discrimination under Title VII includes sexual orientation discrimination. In U.S. EEOC v. Scott Medical Heath…
Read MoreWill I be entitled to overtime pay?
As the deadline to implement amendments to the Fair Labor Standards Act (FLSA) approaches, potentially millions more working Americans may be entitled to bring home overtime compensation. At the same time employers across the country are also making adjustments to combat potential payroll increases. As a result, many employees wonder – will I be entitled…
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