Poor Vision Constitutes Disability Entitled To Protections Under The ADA
A recent Ninth Circuit court opinion held that a worker whose vision affected her ability to walk and drive after dark was entitled to protection under the Americans with Disabilities Act. The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. This includes requiring your employer to make an effort to…
Read MoreAre You Entitled To Overtime Compensation For Time Spent On Your Blackberry?
A Chicago police officer has recently filed a lawsuit claiming he is entitled to overtime compensation for hours spent responding to email off-hours. According to National Public Radio (NPR), the police officer asserts that he is entitled to a significant amount of back-pay because he was required to log onto his Blackberry to continue working even…
Read MoreTechnicians Sue Goldman Sachs For Overtime Pay
Earlier this week, five computer-network technicians filed suit against Goldman Sachs Group Inc., claiming that they failed to receive all overtime compensation due. At issue, whether the technicians are considered contractors or employees. Under the Fair Labor Standards Act (FLSA), all employees who are not exempt must be paid at a rate of one and…
Read MoreHonoring A Patient’s Racist Requests Constitutes Discrimination
A recent Seventh Circuit opinion held that honoring a patient’s racist request constituted a violation of a black nursing assistant’s rights under Title VII of the 1964 Civil Rights Act. In Chaney v. Plainfield Healthcare Ctr., a nursing home patient requested that a black nursing home assistant refrain from providing her care. The nursing home honored this request. In…
Read MoreDominos Pizza Delivery Drivers Similarly Situated Under The FLSA
A Minnesota court recently determined that a pizza delivery driver for “Domino’s Pizza” is similarly situated with nearly 22,000 current and former delivery drivers. As a result, the Domino’s employee may bring his claim on behalf of the nearly nationwide class that Domino’s violated the Fair Labor Standards Act (FLSA) by not paying its drivers the federal minimum wage.…
Read MoreFamily Leave Rights Apply To Domestic Partners
In a victory for non-traditional families, the Department of Labor, Wage and Hour Division has recently issued a clarification of what the terms “son” and “daughter” mean with the effect of broadening who is entitled to leave under the Family and Medical Leave Act (FMLA). Under the FMLA, an employee is entitled to 12 weeks of leave…
Read MoreSexual Attraction Not Necessary For Harassment Claim
Actions constituting sexual harassment or those that create a hostile work environment can take many forms such as lewd comments, inappropriate touching, and sexually explicit joke telling. Despite the sexual nature of the harassment – actual sexual desire or attraction need not exist to support an inference of sexual discrimination. In a recent sexual harassment case, Rosario v.…
Read MoreAlternative Modes Of Communication May Be Considered A Reasonable Accommodation
The Americans with Disabilities Act (ADA), provides that disability discrimination is illegal. Specifically, the ADA prohibits discrimination against “qualified individuals with a disability” regarding terms and conditions of employment, retaliation against employees who complain about discrimination, or participating in someone else’s discrimination lawsuit. Whether someone is considered a “qualified individual with a disability” is a legal definition…
Read MoreJury Finds Medical Center Discriminated Against Muslim Doctor
In May a federal jury awarded a Muslim Egyptian-born man over $3.6 million, as the result of severe religious and race discrimination that forced him to resign from his job at the University of Texas Southwestern Medical Center. In the post-9/11 climate, anti-immigrant sentiment has increased, often taking the form of religious, national origin, or race discrimination. Title VII specifically protects…
Read MoreWorker’s Who Receive Commissons Not Always Exempt Under The FLSA
In a recent decision, Alvarado v. Corporate Cleaning Service, Inc., a federal judge for the Northern District of Illinois determined that window washers may proceed against their employer with a claim for overtime benefits under the Fair Labor Standards Act (FLSA). The FLSA provides that all employees who are not exempt from the FLSA must be…
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