Discriminatory Comments Made After Termination Can Be Used As Direct Evidence Of Bias
The Sixth Circuit Court of Appeals — which includes Kentucky, Michigan, Ohio and Tennessee — has just determined that a supervisor’s “age related” comments made after a worker was fired could be considered direct evidence of age-related bias. Federal law makes age discrimination illegal. Because Title VII does not include age bias, Congress passed a…
Read MoreUnpaid Volunteer Files Unpaid Wage Lawsuit Against MLB
News reports that a volunteer of the 2013 All-Star FanFest has filed an unpaid wage lawsuit against Major League Baseball (MLB) for unpaid wages. According to the wage and hour lawsuit, more than 2000 unpaid volunteers were instrumental in getting MLB’s “FanFest,” off the ground. FanFest is described as “the largest interactive baseball theme park…
Read More“Creepy” Conduct By Co-Worker May Be Grounds For Sexual Harassment Claim
A recent case out of Alabama reviewed the situation where a co-worker’s “creepy” actions created such a difficult situation that a jury could consider it a “hostile work environment.” In Hollis v. Town of Mount Vernon, a female dispatcher complained that another part-time dispatcher – William Cannon – wouldn’t leave her alone and made her feel…
Read MoreWhat Constitutes “Sufficient Notice” To An Employer Of Sexual Harassment?
Sexual harassment is one of the most well-known forms of employment discrimination. But what happens if you’re a victim of sexual harassment at work? Do you know who to tell? When does your employer need to act? A recent employment discrimination case involving allegations of same-sex harassment looked at what is “sufficient notice” of a…
Read MoreDeath Threats Against Pro-Obama Worker Could Be Racially Motivated
Unfortunately, a significant amount of racism surfaced during President Obama’s first campaign, as well as his second campaign against Mitt Romney. In a particularly offensive race harassment case, an Ohio worker suffered numerous hostile actions at work as the result of wearing a pro-Obama shirt. In Paasewe v. Action Group, Inc., an Ohio employee of African…
Read MoreExempt Or Non-exempt? Failing To Classify Workers Correctly May Violate The FLSA
Determining whether a worker is exempt v. non-exempt is one of the more crucial decisions employers can make. If a worker is categorized as “non-exempt” the Fair Labor Standards Act (FLSA) provides that that employee must be paid overtime for all hours workers in excess of 40 hours in any workweek. Overtime pay is typically…
Read MoreIndependent Contractor Or Employee?
One of the more difficult questions in employment law – and one that gets employers in a lot of trouble – is are you an employee or an independent contractor? Recently, the 11th Circuit Court of Appeals determined that a Florida District Court was wrong when it decided that a group of cable, Internet and…
Read MoreReferring To A Female Police Officer As “That Chick Cop” May Be Sexual Harassment
A Connecticut court has just determined that a female police officer can advance her claims of sex discrimination and sex harassment. One of her primary complaints – the police chief repeatedly referred to her as that “chick cop.” Despite some progress toward equality in the work place, sex discrimination and sexual harassment still continue. Fortunately,…
Read MoreJustice Ginsburg Calls On Congress To Intervene After Employment Discrimination Ruling
This past week, the Supreme Court issued its decision in an employment discrimination case that may have far reaching consequences. In Vance v. Ball State, the nation’s highest court defined who is a “supervisor.” This issue arose in a race discrimination case involving a woman – Maetta Vance – who worked at a catering service at…
Read More75th Anniversary Of FLSA Highlights Need For Increase In Minimum Wage
This year marks the 75th anniversary of the Fair Labor Standards Act (FLSA). Enacted in 1938, the FLSA provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. The act covers areas such as child labor labor laws, minimum wage and overtime. Despite significant improvements in working conditions much work still…
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