Police And Firefighters Entitled To Overtime Based On How They Divide Their Duties At Work
A recent 11th Circuit case has determined that employees who spend time on both firefighting and law enforcement duties are entitled to overtime based on how they divide their time on each duty. Generally, under the FLSA, employers must pay employees overtime at the rate of time-and-a-half times their regular rate of pay for all…
Read MoreAge and Gender Discrimination Claim Filed Against Real Estate Giant
A multi-million dollar age and sex discrimination lawsuit has just been filed against real-estate giant Cushman & Wakefield. According to sources, the discrimination lawsuit was filed in New York state court and alleged that the company failed to promote a 66-year-old female executive in favor of a 38-year-old males. The lawsuit alleges that the woman…
Read MoreExotic Dancers Allege Misclassification
One of the biggest issues that arises in wage and hour litigation is misclassification – such as when you’re employer labels you an “independent contractor” instead of an employee or a “non-exempt employee,” instead of an exempt one. How you are classified can significantly impact many issues, including your take home pay, whether you are…
Read MoreReduction In Force or Racially Motivated Termination?
Many times workers face the difficult situation of being laid off as the result of a “reduction in force.” But how do you know if that reduction in force is really masking employment discrimination? In a recent case – Rachells v. Cingular Wireless Emp. Servs., LLC, – a black employee – Rachells – alleged that he…
Read MoreUndocumented Workers Entitled To Overtime Pay
Several cases around the country have reached the same determination – undocumented workers are protected by the Fair Labor Standards Act (FLSA). This means that even if you are lack the necessary legal documents to work, your employer cannot avoid paying you unemployment or overtime compensation. If you have questions about the FLSA or believe…
Read MoreRetaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred
Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your employer against employees for complaining about discrimination in the workplace. This is necessary in order to ensure that workers don’t fear speaking…
Read MoreDid Amazon Violate Overtime Pay Requirements By Not Paying Warehouse Employees For Required Screenings?
The Fair Labor Standards Act (FLSA) provides that all non-exempt workers must be paid overtime at a rate of one and one-half their standard rate of pay. This straightforward sounding rule can be confusing to many, and is the source of a significant amount of wage and hour litigation. Many issues may go into the…
Read MoreHuman Resource Manager’s Comment Could Be Proof Of Discrimination
As a result of the post-9/11, anti-immigrant atmosphere that has become widespread in the U.S., the EEOC has witnessed a dramatic increase in the number of employment discrimination charges alleging national origin discrimination. As the EEOC explains national origin discrimination, “National origin discrimination means treating someone less favorably because he or she is from a…
Read MoreIs Your Employer Complying With The FLSA and Notice Provisions Of The Affordable Care Act?
Do you know what the Affordable Care Act (ACA) means for you? Has your employer properly notified you of your rights as required? The first phase of the ACA began October 1, 2013 with open enrollment for health insurance though the Health Insurance Marketplace. The Fair Labor Standards Act (FLSA) requires that employers must provide…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
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