Are The McDonald’s Corporation and Franchise Owners “Joint Employers”?
Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and provide non-exempt workers overtime compensation at a rate of one and one-half times their standard rate of pay. If you have…
Read MoreNew Child Labor Laws Proposed
The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage provision and overtime pay. Pursuant to federal law, employees must be paid at least the…
Read More11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA
A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act (“ADA”) and its counterpart, the Florida Civil Rights Act. In Samson v. Federal Express Corporation, the 11th Circuit Court of Appeals determined that he could. In 2009…
Read MorePressure Increases To Pass ENDA
In a call for legislators to pass the Employment Non-discrimination Act (ENDA), Vice President Biden called employers’ ability in some states to fire employees because of their sexuality “barbaric” and “bizarre” during a keynote address at the Human Rights Campaign Gala dinner Saturday. “Hate can never be defended because it’s a so-called cultural norm,” he…
Read MorePresident Obama Seeks To Amend FLSA
President Barack Obama has just released a Presidential Memorandum directing the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” aimed at revising the federal Fair Labor Standards Act (“FLSA”). The FLSA, enacted in 1938 was designed to provide workers necessary labor protections such as minimum wage and overtime pay.…
Read MoreCalifornia Supreme Court Hears Meal And Rest Break Case – Brinker v. Superior Court – Could Affect Workers Across The Country
A case being considered by the California Supreme Court has the potential to affect meal and rest breaks for all nonunion employees. At issue in Brinker v. Superior Court is whether an employer must ensure that hourly employees take breaks. Currently, California law provides that workers are entitled to a meal break after five hours of work.…
Read MoreMcDonalds Workers Filed Wage and Hour Claims
McDonald’s workers in 3 states have filed wage and hours lawsuits against the fast food giant – including both the company and several franchise owners. The lawsuits allege numerous Fair Labor Standards Act (FLSA) violations, including illegally underpaying employees by erasing hours from the workers time cards, failing to pay required overtime and ordering them…
Read MoreDo You Know The Facts About Religious Discrimination?
The federal government has just released new documents meant to help employees who may have questions concerning employment discrimination – specifically religious discrimination in the work place. These articles are meant to provide general guidance. However, if you believe that have suffered any form of discrimination, it is always a good idea to consult with…
Read MoreMuslim Man Wins Religious Discrimination Verdict
Recently, a jury awarded a Muslim man $1.1 million in an employment and religious discrimination case. This represents one of the largest employment law verdicts for a Muslim American. According to the lawsuit, the man came to the United States from Tunisia a little over 20 years ago seeking the “American Dream.” However, he alleged…
Read MoreDelivery Drivers Settle FLSA Misclassification Lawsuit
One of the areas that creates a significant amount of confusion – and litigation – in employment law is the issue of misclassification. Misclassification refers to the practice of identifying workers who should be considered “employees” as “independent contractors” and thus denying them the benefits they deserve pursuant to the Fair Labor Standards Act (FLSA).…
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