Wage and Hour Lawsuits In the Hospitality Industry on the Rise
Recently, there has been a notable increase in lawsuits alleging violations of the Fair Labor Standards Act (FLSA), particularly in the hospitality industry. In fact, a recent Wall Street Journal article highlighted the surge in lawsuits against high-end Manhattan restaurants, noting that similar lawsuits nationwide have doubled in the past decade. This rise can be…
Read MoreRequiring “Strength Test” May Constitute Sex and Age Discrimination
Discrimination laws prohibit employment discrimination against current and prospective employees based on various protected categories such as race, sex, national origin, and religion. Not all instances of employment discrimination are blatant. In some situations, a company’s rules or policies, such as English-only rules or mandatory tests for job qualification, can constitute discrimination. For example, in…
Read MoreNew Bill Takes Aim At Employment Discrimination Based on Credit Report
Recently, Senator Elizabeth Warren (D-Mass.) and Rep. Steve Cohen (D-Tenn.) introduced a new bill aimed at eliminating potential employment discrimination based on credit scores. The bill, called the Equal Employment for All Act, criticizes the practice of American employers checking the credit history of job applicants. The legislators argue that such credit history checks discriminate…
Read MoreIntern or Employee?
The question of whether student interns should be considered employees is a challenging one in employment law. If a student intern is deemed an employee, they may be entitled to employment benefits under the Fair Labor Standards Act (FLSA), including receiving at least minimum wage and overtime compensation for hours worked beyond 40 in a…
Read MoreHave You Been a Victim of Age Discrimination?
An unfortunate consequence of the aging population in America and the desire of employees to work longer is the increasing occurrence of age discrimination. Employers often perceive older, more experienced workers as costlier due to factors like seniority and pension plans. Consequently, when companies face financial difficulties and need to save money, they may let…
Read MorePsychological Test Given Prior To Promotion May Be Discriminatory
Retail giant Target Corporation has just agreed to pay $2.8 million to settle an employment discrimination complaint. The race and disability discrimination lawsuit alleged that applicants for upper level jobs were improperly screened out. According to the complaint, the tests given to candidates were not sufficiently neutral. Instead, the tests disproportionately screened out women, Asians…
Read MoreWhat you need know about the FLSA Proposed Rules
The Department of Labor (DOL) has issued several new rules concerning the Fair Labor Standards Act (FLSA). While these rules have not yet been become effective, they signal a change in the way the FLSA will be interpreted in the future, and may have a significant impact on many workers, including their right to overtime…
Read MoreLawsuit Alleges Discrimination Based on Perceived Disability
Employment news reports that the federal government has filed a lawsuit against Amtrak, alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak unlawfully discriminated against a person who had epilepsy. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act prohibit discrimination…
Read MoreThe Importance of Proper Employment Classification
The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA), affecting the circumstances under which someone may be considered “exempt” vs. “non-exempt” and when a worker may be entitled to overtime pay, underscores the importance of correct worker classification. In fact, how you are classified can have a significant impact, affecting…
Read MoreReligious Beliefs Not An Excuse For Discrimination
Following the recent Supreme Court decision legalizing gay marriage, many opposing the decision have denounced it based on moral grounds. Some have suggested that, based on religious reasons, they don’t have to recognize gay marriage and that “religious beliefs” can justify discrimination. However, this is simply not true. While many laws protect your religious freedoms…
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