Demotion Without Job Description Considered Constructive Discharge
Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against their employees “because of” their race or color. This means that an employer may not take your race or color into consideration when making employment decisions, and taking an “adverse action” because of your race may be a violation of federal employment discrimination laws.…
Read MoreWho Is A Supervisor? Supreme Court Seeks Guidance In Race Harassment Case
A recent racial harassment case argued before the U.S. Supreme Court, Vance v. Ball State University, raises a significant question, “Who is a supervisor?” Determining whether a someone at work is a supervisor or not has serious consequences in terms of liability. In many instances, if a co-worker is also considered “a supervisor,” then an employer may be…
Read MoreAre Journalists Entitled To Overtime Pay?
The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws and provides many protections for workers. Among these are guaranteed that workers receive minimum wage and that non-exempt workers receive overtime. Overtime compensation laws require that all employees who are not exempt must be paid at a rate of one and…
Read MoreTip Sharing Law May Lead To Confusion And Backpay Lawsuits
New reports that hotel food and beverage workers have reached a settlement unpaid wage claim. 150 current and former food and beverage workers sued the Crowne Plaza Hotel for its failure to reimburse them for tips they earned. Laws concerning tips and tip-sharing can be complex. Consulting with an experienced Atlanta wage and hour attorney is important if…
Read MoreFemale Police Officer Retaliation Award Upheld
A recent case upheld a $417,955 jury verdict award in a sex discrimination retaliation case. In Lore v. Syracuse, a female police officer – Therese Lore – filed a sex discrimination case claim after she had replaced in her position as a Public Information Officer with the City of Syracuse. Federal law provides that a sex…
Read MoreWhen Is An Unpaid Internship Illegal?
A recent unpaid intern lawsuit filed in New York raises issues that every intern should be aware of including, when should I be paid? The New York unpaid intern case involves a former intern who worked for the magazine Harper’s Bazaar. She has sued the magazine’s publisher, Hearst Corporation, for violations of the Fair Labor…
Read MoreAtlanta HIV Discrimination Case Moves Forward
Recently, the 11th Circuit Court of Appeals ruled that an Atlanta district court made three crucial errors when it rejected an HIV-positive claim of disability discrimination against the Atlanta police department. In Roe v. Atlanta, Richard Roe sued the city for violation of the Americans with Disabilities Act (ADA) after he was rejected as a police…
Read MoreCompany Ordered To Pay Double Damages For Interfering With Worker’s Right To Take Leave
Under several circumstances federal law requires that your employer allow you to take approved leave. These include taking leave to care for a new baby or a family member with a serious health condition. Additionally, if you have a serious health condition the Family and Medical Leave Act (FMLA) provides that employers must allow eligible employees to…
Read MorePre-Eligibility Requests For Leave May Give Rise To Claims Of Retaliation in Pereda v. Brookdale Senior Living Cmtys. Inc.
In the first case of its kind, the U.S. Court of Appeals for the 11th Circuit, which includes Georgia, Alabama and Florida, considered what actions are considered protected by the Family and Medical Leave Act. Specifically in Pereda v. Brookdale Senior Living Cmtys. Inc., the appellate court reviewed whether an employee who made a “pre-eligibility” request…
Read MoreJury Awards Physician $7.6 Million In Retaliation Lawsuit
Recently a federal jury awarded a pathologist a $7.6 million retaliation verdict. In Renta v. Cook County, a jury determined that a health agency had retaliated against a physician – Dr. Vivian Renta – after she complained about substandard hospital policies and the quality of care patients were receiving. The verdict represents damages for back pay,…
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