Should you be compensated for time spent putting on and taking off protective gear?
A recent case heard before the U.S. Supreme Court evaluated when your employer must compensate you for putting on/taking off different required types of work gear. The questions involves what is called “donning and doffing” (taking on and off clothes and/or protective gear.) In many instances, your employer may be required to pay you for…
Read MoreAge Discrimination Cases On The Rise
While most people are familiar with laws that make it illegal to be fired based on your race, gender, religion or even age, they may not realize that the failure to hire for these reasons may also be considered employment discrimination. A recent article in Forbes highlighted focused on “age discrimination” and the difficulty proving…
Read MoreHow Will The Federal Minimum Wage Hike Affect You?
During this week’s the State of the Union address President Obama revealed his plan to hike the minimum wage to $10.10/from $7.25 for federal employees through the use of an Executive Order. Obama stated, “Today, the federal minimum wage is worth about twenty percent less than it was when Ronald Reagan first stood here. Tom…
Read MoreA Temporary Impairment May Be Considered a Disability
A recent disability discrimination lawsuit determined that impairment, even if temporary may be considered a disability under the ADA Amendments Act. The issue came up in a case where an analyst was fired after he injured both his legs so that he wasn’t able to walk normally. According to reports, the worker fell and injured…
Read MoreMany Different Actions May Constitute Race Discrimination
Despite advances in race relations, unfortunately work place discrimination and harassment continues to exist throughout the country. A recent case evaluated the situation of a white worker who alleged he was fired because he was engaged to a black woman. In Matusick v. Erie Cnty. Water Authority, the man – Scott Matusick – was engaged to…
Read MoreDiscrimination & Sexual Harassment in the Workplace
Sexual harassment is one of the most frequent discrimination claims. However, what actions may be considered harassing behavior vary. The courts are constantly struggling to define what sexual harassment is and what it is not, and sometimes the results can be quite confusing–the devil is in the details. What is clear, though, is that, whether…
Read MoreCourt Determines Exotic Dancers Are Employees
A Georgia federal court has determined that a group of exotic dancers who are suing a strip club for alleged wage-and-hour violation are employees under the Fair Labor Standards Act (FLSA) rather than independent contractors. In this wage and hour case the court reviewed the dancers claims, specifically that the strip club allegedly violated federal…
Read MoreTemporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreMinimum Wage to Increase in 13 States
With the coming new year, 13 states will be increasing their minimum wage. Although Congress failed to raise the federal minimum wage, these states have taken action to improve the pay of many minimum wage workers. And another 11 states and the District of Columbia are considering taking action in 2014. The push for an…
Read MoreOwner May be Liable for Race Discrimination Under “Joint Employer” Theory
A recent race discrimination case looked at who should be held responsible for alleged discriminatory actions at a construction site. In EEOC v. Skanska USA Bldg., Inc. a group of black workers hired by a subcontractor brought a claim for discrimination based on race harassment that occurred at the site. Specifically, the men alleged that they…
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