Supreme Court To Help Define Who Is An Employer
In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, it is a complicated inquiry that even courts don’t always agree on. For example – can…
Read MoreUPS Driver May Maintain Racial Harassment Case After Co-workers Left Banana Peels In His Truck
Although what constitutes actions that are “enough” to show racial harassment isn’t set is stone – case law provides some guidance. In some situations the harassment is obvious – such as a noose in the workplace. Other times case law finds racial discrimination exists because of subtle practices that tend to screen out minority applicants…
Read MoreRaising The Minimum Wage Would Benefit Workers And The Economy
Recently federal lawmakers have introduced measures in congress to raise the federal minimum wage to $10 and hour from its current $7.25. As expected, detractors raise the same arguments against increasing worker’s minimum hourly pay. However, not only is raising minimum wage an issue of basic fairness, it has also been shown to benefit the…
Read MoreActions That Create A Hostile Work Environment May Be Grounds For A Retaliation Lawsuit
In a recent employment discrimination case, the U.S. Court of Appeals for the 11th Circuit determined that employees who experience a hostile work environment may file and maintain claims of retaliation under Title VII of the Civil Rights Act of 1964, a federal law that prohibits employment discrimination in the workplace. Title VII prohibits discrimination…
Read MoreEmployees May Be Held Personally Liable For Retaliation
In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking unapproved leave. Smith had fired race discrimination and retaliation charges against the company, his former supervisor and…
Read MoreBias Doesn’t Have To Be “Sole Reason” For Termination To Bring A Claim For Discrimination
A recent case determined that you may be able to sue for employment discrimination if your race (or gender, or national origin) was a reason for an “adverse” employment action, but not the only reason. In Ponce v. Billington, a Cuban American applicant for a Library of Congress job filed a discrimination lawsuit alleging that he…
Read MoreWhen Must I Be Paid As An Intern?
Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight. Remember – if you’re working at…
Read MoreRejection Of Sexual Advances May Be Basis Of Claim For Retaliation
Federal employment laws prohibit many forms of discrimination, including religious, sex and race discrimination. Employers are also prohibited from retaliating against workers who complain about discrimination. A recent case looked at what actions could support a claim for retaliation under Title VII. In Hilton v. Shin, a woman – Glynese Hilton – was fired after she…
Read MoreEEOC Limits Use Of Criminal Background Checks In Employment Decisions
The equal employment opportunity commission (EEOC) has just approved updated enforcement guidance concerning employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed that its illegal for employers to exclude people from employment based on arrest or convictions unless related to the particular job. This means if you believe you have been denied a job…
Read MoreEmployers Must Pay Workers Overtime, Regardless Of Citizenship Status
A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay workers a set rate per day, rather than an hourly rate. The answer depends in part…
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