Are You An Employee Or Independent Contractor?
How workers are classified – whether they are considered to be employees or independent contractors, exempt or non-exempt – is often the starting point for many employment discrimination lawsuits. Understanding your proper classification is the first step in knowing your rights and remedies under the law. In a recent disability discrimination lawsuit, a pathologist sued the…
Read More21 States To Raise Minimum Wage In 2015
With 2015 approaching, 21 states are set to increase their minimum wage. In nine states, the raise is called for by state laws. These include Arizona, Colorado, Florida, Missouri, Montana, New Jersey, Ohio, Oregon and Washington. In another four states – Alaska, Arkansas, Nebraska and South Dakota – residents voted to increase the minimum wage.).…
Read MoreWage and Hour Collective Actions May Lead To Improved Workplace Conditions
Over the last several years, the number of wage and hour lawsuits filed against employers has steadily increased. Federal lawsuits based on violations of the Fair Labor Standards Act (FLSA) may arise in a variety of situations, but are often based on an employer’s failure to minimum wage or overtime compensation as required by law.…
Read MoreWage and Hour Considerations During The Holiday Season
If you work during the holiday season, and work on the holidays themselves, several different factors may affect your take home pay. For example, holidays often provide extra opportunities to work overtime. Under the Fair Labor Standards Act (FLSA) non-exempt employees who work more than 40 hours in any work week must be paid at…
Read MoreSupreme Court To Rule On Pregnancy Discrimination Case
The Supreme Court will begin hearing oral argument on a case that has to potential to profoundly affect working women. The case, Young v. UPS, involves pregnancy-related workplace discrimination. According to this significant lawsuit, a part-time UPS worker, Peggy Young, became pregnant with her third child while working as a driver at UPS’s Maryland facility. Yong’s doctor…
Read MoreChanges Likely To Exemptions Under The FLSA
President Obama and the Department of Labor have indicated that they will reveal proposed revisions to the Fair Labor Standards Act (FLSA) sometime in early 2015. One of the areas that will be impacted concerns employee “classification.” That is, whether an employee is classified as “exempt v. non-exempt” and thus, entitled to overtime pay or…
Read MoreShould Thanksgiving Workers Get Overtime Pay?
More and more retailers seeking to capitalize on holiday shopping are requiring employees work on Thanksgiving. While many take advantage of this extra opportunity to get great deals, save money and get a start on holiday shopping, this trend has generated significant amount of criticism from workers, as well as lawmakers who are concerned that…
Read MoreGeorgia School Districts Cannot Claim Immunity Under The Eleventh Amendment
The U.S. Court of Appeals for the 11th Circuit in Atlanta has just issued an important ruling that could potentially impact future employment discrimination lawsuits. The decision provides that Georgia school districts cannot hide behind the Eleventh Amendment’s immunity provisions to shield them from suits in federal court. Generally, the Eleventh Amendment shields states from federal lawsuits…
Read MoreRace Discrimination Verdict Reinstated Against Marta
The U.S. Court of Appeals for the Eleventh Circuit has just reinstated a $500,000 retaliation verdict against MARTA. The retaliation lawsuit was filed after a man was allegedly fired for telling his supervisor he was going to file a race discrimination case. In order to protect individuals from discrimination in the work place, Title VII…
Read More50 Years Later: the Civil Rights Act of 1964 and Title VII
In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – hotels, restaurants, theaters, retail stores, and similar establishments,” as well as “greater protection for the…
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