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EEOC: Hey, employer! You refused to accommodate an injured desk clerk with a stool. A simple stool.
Of all the hills on which an employer should plant its flag to defend, this is not the one. Continue reading
Of all the hills on which an employer should plant its flag to defend, this is not the one. Continue reading
I mean, sure. It’s a free country. This isn’t Communist Russia.
But if your company is concerned about a subsequent retaliation claim, read on.
The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek.
Determining who counts as an employee is a fact-specific. The ultimate determination turns on the “economic reality” of the relationship between the parties involved.
Chances are, if one of your employees complained externally about discrimination, the U.S. Equal Employment Opportunity Commission was all up in your company’s business. Perhaps your business has had the not-so-good fortune of undergoing a Fair Labor Standards Act or Family and Medical Leave Act audit from the U.S. Department of Labor.
Late last week, the two federal watchdogs announced a partnership. Continue reading
There are members of Congress who believe that many employers commit something called “wage theft.”
At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act interference at stake, the judge concluded, “[I]t’s obvious that there is definitely liability because there was clearly a violation of the FMLA. I mean, there’s just no question about it.”
But when the plaintiff asked the court to award her front and back pay, it denied her any relief in connection with the defendant’s failure to promote her after returning from medical leave.
Huh?
About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued.
What happens when five of the most unsympathetic plaintiffs in recent memory claim state wage payment law violations? Continue reading
From recent memory, I can’t recall a case with more egregious allegations of sexual harassment. Continue reading