The EEOC announced on April 13, 2016 that it reached a partial settlement of a race discrimination claims made against Local 25 of the Sheet Metal Workers’ International Association and its associated apprenticeship school. The lawsuit was originally filed in 1971 in the Southern District of New York by the Department of Justice. The EEOC replaced the DOJ in […]
Equal Pay for Women: World Cup Champions File An EEOC Charge
Federal Law, Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, require employers to treat male and female employees equally in the workplace, not just in terms of pay, but to all forms of compensation, and terms, conditions or privileges of employment, transfers, or promotions. An employer cannot deny women equal […]
Can Mandatory Overtime Be an Essential Job Function? The 11th Circuit Says Yes
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 […]
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 […]
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 […]