Minimum Wage Increases Gaining Traction
The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from its current minimum wage of $8.75/hour. Similarly, the University of California has…
Read MoreAre You An Independent Contractor Or An Employee?
The Department of Labor has issued a new “Administrator’s Interpretation” that provides a narrower definition of what it means to be an “independent contractor.” Determining your work classification, whether you are an employee (exempt or non-exempt) or an independent contractor, has significant implications. Employees are generally entitled to benefits that are not provided to independent…
Read MoreProposed Changes Affecting FLSA Exemptions Issued
On July 6th, the Department of Labor issued its much anticipated rules designed to update the Fair Labor Standards Act (FLSA) regulations. The rules sought to “define and delimit” overtime exemptions for while collar employees. Whether an employee is exempt or not can have a significant impact on a worker’s take home pay. Those employees…
Read MoreFailure to Allow Leave For Cancer Treatment May Violate the ADA
According to legal news, Dunkin’ Donuts has been sued for disability discrimination after refusing to provide medical leave to a woman suffering from cancer. In a clear violation of the Americans with Disabilities Act (ADA), the doughnut chain terminated the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a…
Read MoreGay Marriage Legalization and the Changes that Need to Follow
To many Americans, Friday’s 5-4 Supreme Court ruling legalizing gay marriage nationwide signifies much-needed societal advancement and provides long-awaited legitimacy for relationships, families, and modern American life. Justice Kennedy’s opinion eloquently addressed the quest for equal dignity under the law for same-sex couples. At Buckley Bala Wilson Mew LLP, we applaud the Supreme Court’s decision…
Read MoreCourt Holds Uber Drivers Are Employees
Whether a worker is classified as an employee or an independent contractor can have a significant effect on a person’s take home pay, as well as his or her entitlement to certain rights and benefits. For example, pursuant to the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to be paid at least minimum…
Read MoreAge Discrimination Claim Advances Based On “Cat’s Paw” Theory
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination. It is illegal for an employer to take adverse employment action against an employee based on their age. To establish a prima facie case of age discrimination under the ADEA, a plaintiff must demonstrate four elements: (1) they are a member of the protected age…
Read MoreIs Your Company Required to Pay You Overtime Compensation For After-Hours Smart-Phone Use?
Many companies have taken to the practice of providing their employees cell phones. This practice can blur the line between work hours and off hours, and raise legal questions concerning the right to overtime compensation. Several currently pending lawsuits are based on the premise that companies expect employees to work unpaid and off hours via…
Read MoreGay Rights Groups Seek Legislation Ending Employment Discrimination
In anticipation of a Supreme Court victory on same-sex marriage, many gay rights activists believe that the time is ripe for passing broad-based federal legislation against discrimination in the workplace. Currently, some states have protections banning discrimination against gay and transgender people, but no explicit bans exist in 28 states and at the federal level.…
Read MoreSupreme Court Finds Religious Discrimination
In a victory for victims of discrimination, the Supreme Court of the United States has ruled in favor of Samantha Elauf, a Muslim woman who was denied a job at Abercrombie and Fitch due to her head covering. CNN reports that Elauf filed a religious discrimination lawsuit against the retailer. Title VII prohibits religious discrimination.…
Read More