Employment Law Blog

Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

With all of the good news surrounding the new FLSA overtime rule, it should not be a surprise that there may be one or two "catches" to the new policies. The provision regarding ...
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Is the Equal Pay Mandate Unfriendly to Businesses?

Apparently, some state governments think so. Just recently, New Jersey Gov. Chris Christie, vetoed proposed state legislation that would prohibit pay discrimination based on gender. This was his ...
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Whose Intent Matters in Discrimination Cases: the Employer or the Employee?

In the general employment discrimination context, whether the employer had the intent to discriminate is key. For instance, if an employee is disciplined, the question is whether it was the ...
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Male Supervisor Unsuccessful in Establishing Sex Discrimination

Proving a claim of sex discrimination can be a challenge in most cases. You must be able to establish that gender was a "motivating factor" in the challenged decisions. It can be even more ...
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Differences between Title VII and the Equal Pay Act

Equal pay for equal work commonly heard mantra in the employment setting. When female employees are paid less than their male counterparts that may be a case of gender discrimination. There are two ...
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Exempt Employees Previously Unable to Get Overtime may now be Eligible

According to the statistics, there are more than 4 million employees out there who have previously been unable to receive overtime pay because they were considered exempt under the FLSA. That has now ...
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Male Supervisor Unsuccessful in Establishing Sex Discrimination

Proving a claim of sex discrimination can be a challenge in most cases. You must be able to establish that gender was a "motivating factor" in the challenged decisions. It can be even more ...
Continue reading "Male Supervisor Unsuccessful in Establishing Sex Discrimination" »

Differences between Title VII and the Equal Pay Act

Equal pay for equal work commonly heard mantra in the employment setting. When female employees are paid less than their male counterparts that may be a case of gender discrimination. There are two ...
Continue reading "Differences between Title VII and the Equal Pay Act" »

The Pay Gap Includes More than Just Gender Disparity

Everyone as certainly heard the arguments regarding equal pay for women. Some speculate that women are paid less simply because they choose lower-paying positions, or that women work more part time ...
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Do Alabama Employees Have a Right to their Personnel Files?

A common question employees ask is whether they have a right to a copy of their personnel files. Perhaps, the question is based on the right individuals have to their medical records. But the laws ...
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Patient Rights or Unlawful Discrimination?

Patient Rights or Unlawful Discrimination? It may be hard to image, but racial and religious discrimination is not only allowed, but openly practiced in many hospitals across the country. Believe it ...
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Pay Disparity in Sports is Gaining Recognition

You have probably heard about the discrimination lawsuit filed by several members of the U.S. National Women's Soccer Team. These female soccer players allege that they are paid less than their ...
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5 Myths Regarding Employee Rights

Even without an employment contract, employees are guaranteed certain legal rights and protections. Some are implied and some are established by the courts. Then there are also legal rights explicitly ...
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How the Equal Pay Act Has Changed

How the Equal Pay Act Has Changed The EPA requires employers to pay men and women equally for performing the same work—hence, the phrase "equal pay for equal work." It applies equally ...
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4 Exceptions to Equal Pay

The basic purpose of the Equal Pay Act is ensuring that male and female employees receive equal pay for equal work. And yet, there are still some differences in pay between male and female employees ...
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When is an Email Really an Expression of Workplace Retaliation?

Defining what constitutes retaliation in the workplace is a challenging task, and actually recognizing it when it occurs can be even more daunting. In many cases, what may "feel like" ...
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Equal Pay Claims Involving "Red Lined" Positions

We are all familiar with the adage: "equal pay for equal work." But, as with most things, there are exceptions. One particular case addressed the issue of so-called "red lined" ...
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Giving Your Employer a Reason to Terminate You

If you are employed in Alabama, you know that we are considered an "at-will" employment state. That means you can be terminated for any reason, or no reason at all, with one exception: ...
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What Happens to an FMLA Claim if I'm Not Actually Eligible?

Most employees believe they can rely on the representations their employers make to them. For instance, if you submit a request for FMLA leave and your employer approves it, why wouldn't you ...
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Can an Employee Refuse FMLA Leave?

Most employees understand that, at the very least, you must notify your employer of your need for FMLA when you request time off. But can you actually decline FMLA leave ? That is – can you ...
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Employment Equality for LGBT Employees

Now that same-sex marriage has been made legal across the country, it is time for the next battle to begin. As the fight for equality for women, minorities, the disabled and many other protected ...
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Not Everything Unpleasant at Work Constitutes a Hostile Work Environment

A hostile workplace is not really about your boss or coworkers being rude, annoying or mean. In order to be illegal, the harassing conduct must be based on one of the recognized protected ...
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Do work-related injuries increase your chance of being fired?

According to a recent study conducted at Harvard, work-related injuries seem to increase the risk of being terminated from your job. After comparing 6 months of data accumulated from employees in the ...
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Are Employees Protected from Workplace Bullying?

A phenomenon most often referred to as "workplace bullying" has increasingly becoming a common complaint in the workplace. Generally speaking, workplace bullying is recognized as offensive ...
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How Employers Can Get Away with Whistleblower Retaliation

It is generally understood that retaliation is illegal. If an employee engages in some form of protected activity and his employer takes negative action against him for that reason, the employer has ...
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