“Cat’s Paw” Liability Upheld
In a significant employment discrimination decision, the U.S Supreme Court has just ruled that an Army Reservist who had a civilian job as a hospital technician could bring a lawsuit for employment bias and discrimination against him due to his commitment to the military. In addition to being a positive result for the man who brought the lawsuit, this…
Read MoreNew Legislation Introduce to Raise Base Pay For Tipped Workers
A Maryland Congresswoman has introduced a new bill to amend federal law regarding the way “tipped employees” are paid. The bill – known as WAGES [working for adequate gains for employment in services] would require employers pay a base salary of at least $5.50, up 158% from its current $2.13. Tipped employees – such as waiters and…
Read MoreCould Nursing Home Have Done More To Prevent Sexual Harassment?
If you’re the victim of sexual harassment and you complain to management about the offending behavior, what actions must the company take? This question is at the root of many work-place disputes. A recent case from the Tenth Circuit, which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, questioned if a nursing home did enough in…
Read MoreDick’s Sporting Goods Settles Wage And Hour Violation Case For $15 Million
Dick’s Sporting Goods has agreed to pay current and former employees $15 million to settle a federal wage and hour lawsuit. Under the Fair Labor Standards Act (FLSA), one of the oldest federal employment laws, most workers are entitled to minimum wage, currently $7.25/hour in most states, and overtime. The overtime laws provide that all employees who are…
Read MoreWaiters File Minimum Wage Lawsuit Against Hard Rock Cafe
Two waiters at a Hard Rock Café in Florida have just filed a tip pooling lawsuit against the company, claiming Hard Rock didn’t pay them minimum wage. They are seeking class-action status for the case based on the number of potential servers affected. The waiters and waitresses assert that the “tip pooling” policy at the restaurant required servers…
Read MoreFormer Prostitute Can Raise Sexual Harassment Claim
An Oklahoma judge recently ruled that your past sexual experiences do not affect your right to bring a case for harassment. In a lawsuit against Digicut Systems, a judge determined that a former prostitute – Susan Terry – could bring a case for sexual harassment. Terry, who had previously run a tanning salon that doubled as…
Read MoreWidespread FLSA Violations By Michigan Blueberry Growers
The U.S. Department of Labor has ordered several Michigan blueberry farmers and contractors to pay $106,000 in penalties and back wages after an investigation revealed migrant housing and child labor law violations. The farmers were also order to pay close to $30,000 in back wages to hand-harvest growers for wage and overtime violations. The Fair Labor Standards Act (FLSA)…
Read MoreDisability Discrimination Case Asserted By Bank Teller With Epilepsy
The U.S. District Court for the Eastern District of Michigan ruled that a part-time bank teller raised triable issues of disparate treatment and failure to accommodate under the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. A qualified disability is any medical, physiological, or psychiatric…
Read MoreMinimum Wage Laws Help Local Economies
Two significant studies issued this week conclude benefits exist from paying Americans more. First, a New York study found that “living wage” requirements on businesses that receive government subsidies do not negatively impact job and business creation, debunking notions that “living wage” laws hurt competition and local economies. The study looked at 15 states across the country…
Read MoreAge Discrimination Case Revived
The U.S. Court of Appeals for the Sixth Circuit has recently revived a man’s claim of age discrimination against the Department of Defense. In Bartlett v. Gates, a 58-year-old man – Barry Bartlett – was denied promotion to a higher level within the Defense Contracts Management Agency (DCMA) despite his 34 years of experience. The Age Discrimination in…
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