On March 30, 2015, the Eleventh Circuit affirmed a lower court’s decision which determined that mandatory overtime was an essential job function – confirming the dismissal of a disability discrimination claim. You can read the opinion here. In 2012, the plaintiff provided a note requesting a lifting restriction of no-more than 15 pounds. The employer reassigned her to […]
Amendments to The FLSA
The Department of Labor has made the decision to amend the Fair Labor Standards Act (FLSA), intending to update sections of the FSLA that deal with wages and overtime, making this the first update to the federal wage law since 2004. According to the DOL, this update to the FSLA is necessary in order to bring federal wage […]
Supreme Court Affirms Use of Representative Damage Analysis in Wage and Hour Class Action
The Supreme Court affirmed the 2.9 million dollar jury award in Tyson v. Bouaphakeo for time workers spent donning and doffing personal protective equipment (often called PPE). To prove the amount of unpaid work, the employees relied on an expert study to calculate the average time it takes to don and doff the PPE. Relying on this […]
Why You Need To Understand Employment Laws
Sometimes employees, and even employers, forget what the appropriate behavior for work is, and end up saying or doing something during work hours that can land them in a lot of trouble. This is why it is critical that you understand employment laws and what is acceptable behavior at work. It is also important to recognize when you […]
CLASS ACTIONS CAN NO LONGER BE “BOUGHT OFF”
The Class action lawsuit, along with the Collective Action lawsuit used in FLSA overtime and wage cases, are critical tools for individuals to be able to vindicate their rights. By taking a small amount of money from a lot of people, a company can make a huge financial difference to its bottom line, without creating […]
Being Sexually Harassed at Work?
When it comes to understanding what an employee should do if they are being sexually harassed at work, many of them are too worried that they will be a victim of retaliation, or be seen as a liar, that they often neglect to report it. However, it is critical that they do so, and in a […]
Supreme Court Will Decide: Are Car Dealership Service Advisors Entitled to Overtime
Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here. The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service […]
Employment Contracts: Should You Sign?
You got the job! Now, here comes the hard part…reading and understanding your employment contract. While you may be thrilled to start your new job, however, it is critical for a you to know what you may be accepting by signing their employment contract. And little do people know, by reviewing and understanding your employment contract before […]
Retaliation and Your Rights
Retaliation is when an employer takes an adverse action against an employee that negatively affects their employment, but only when he or she has exercised one of their legal rights. Here is how to help you understand if you are a victim of retaliation and your rights. The following actions are considered adverse: Termination, demotion, or suspension […]
Filing A Discrimination Claim…Here’s What You Need To Know
Discrimination in the workplace can appear in many forms. Whether discrimination was in regards to an employee’s age, sex, race, national origin, color, religion, disability, or sexual orientation, there are a variety of ways discrimination can occur. It is important to know, however, that every employee is protected under state and federal laws in order to prevent […]