Employment Law Blog

McDonald's not Responsible for Wage Violations at its Franchises

The wages we earn and the hours we should work are determined by the Fair Labor Standards Act. This federal statute requires that employees must receive at least the minimum wage and may not be ...
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When "Unusual Circumstances" May Excuse Failure to Call In During FMLA Leave

When it comes to requests for leave under the Family and Medical Leave Act (FMLA), employees may be required to provide their employers with certain notices. For example, if your employer has call-in ...
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Quitting After Embarrassing Email No Basis for Constructive Discharge Claim

A recent employment case involving home improvement giant Home Depot demonstrates that quitting your job following negative actions by an employer may not always lead to a viable constructive ...
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Some States Beginning to Restrict Non-Compete Agreements

In the employment context, the purpose of non-compete agreements is to protect the interests of the employer. It is common for a company to share its ideas and business practices with its employees, ...
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Insufficient Evidence of Pretext in Reduction-In-Force ADA Case

So-called reduction-in-force (RIF) cases can be very challenging when it comes to proving discriminatory demotion or termination. This is mainly true because the employer typically has what appears to ...
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Not Every Request for Accommodation Under the ADA is Reasonable

The employer, in this case, was a large business that operated its customer support call center in Memphis. One of its customer service representatives (CSR) was a woman with depression and anxiety ...
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Can Rumors and Employee Drama Constitute a Hostile Work Environment?

In an interesting case out of New York, an employee claims she was terminated after complaining about sex-related rumors about her circulating in the workplace. Although the harassing sexual comments ...
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Is There a Time Limit for Filing an Employment Discrimination Claim?

Practically every type of legal claim has a time limit in which you must file that claim or else you are barred from doing so. Personal injury claims, like slip-and-falls or car accidents, have pretty ...
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Wal-Mart Truck Drivers Awarded Millions for Wage and Hour Violations

In a recent case against Wal-Mart, brought by hundreds of California truck drivers working for the retail giant, the jury awarded $54 million for wage and hour violations. According to the lawsuit, ...
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Can Refusing to Honor an Employee's New Name be National Origin Discrimination?

An employee in New Jersey filed a national origin discrimination lawsuit based on his employer’s refusal to use his new name on his paychecks. According to his pro se lawsuit, Erwin LeJon-Twin ...
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Potential for Employment Discrimination Through Social Media Searches

In this modern day of the internet and social media, some employers have found ways to discriminate even before an application has fully been reviewed. According to a recent study, a substantial ...
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Applicants Not Hired After Using Sign Language

Employment discrimination cases involving a failure to hire a job applicant are not that common because of the misconception that you cannot pursue a lawsuit against a business they did not actually ...
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Performance Improvement Plan Used to Retaliate After Age Discrimination Complaint

A survey of employment retaliation cases will show that employers attempt to use many different methods to take action against employees who make complaints about illegal conduct. Not all employment ...
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Are Nepotism and Favoritism Forms of Illegal Employment Discrimination?

One of the most common questions clients ask an employment discrimination attorney is whether nepotism is illegal. Clients come into an attorney’s office because their employer is hiring or ...
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The Contours of FMLA Unlawful Interference

Most workers are familiar with the Federal Family and Medical Leave Act ("FMLA") and the protections it provides. Basically, the FMLA makes it "unlawful for any employer to interfere ...
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Employer Uses Bogus Drug Test Results to Retaliate

While it is true that positive drug tests may be legitimate reasons to discipline or terminate an employee, the employment action must be reasonable based on the circumstances. In a recent case ...
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Pregnancy Discrimination Rights in a Hazardous Workplace

The Pregnancy Discrimination Act (PDA) was enacted to prohibit employers from treating pregnant women differently simply because of their pregnancy or some pregnancy-related condition. This includes ...
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Overtime Violation Class Action against Bed Bath & Beyond

Under the Fair Labor Standards Act (FLSA), employers are required to pay overtime to all employees who spend more than 8 hours a day or 40 hours a week on the job. Every hourly employee, except those ...
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Employee Terminated for Sharing Stale Cake with Fellow Employees

In a very recent case out of the Ninth Circuit, a female employee was terminated for allegedly stealing from the company. The employee, a single mother of seven, supervised the night-shift freight ...
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Are Bilingualism Requirements in the Workplace Discrimination?

According to a report in 2015, there are a record 64.7 million residents in the United States who speak a foreign language at home. That number represents an increase of 5.2 million since 2010. ...
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Employers Should Honor their Promises With Regard to FMLA

The FMLA has many requirements that both employers and employees are required to follow in order to comply with this important federal law. One of those requirements involves submitting appropriate ...
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Imposing a Heavier Workload Can be Discriminatory

While under usual circumstances, an employer is free to assign workloads in any manner they choose, when a heavy workload is the result of discriminatory animus, it could be illegal. This is not an ...
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Reporting Employees to ICE in Retaliation for Workers' Comp Claims

It is true that retaliation, and specifically workers’ comp retaliation, can come in many different forms. With immigration issues heading up the news, these two cases are examples of yet ...
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Limitations on Damages for FLSA Retaliation Claims

A recent case involving an employee and his spouse, who were evicted following claims of FLSA violations, demonstrates some of the limitations imposed on claims for violation of the Fair Labor ...
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Is There Something to Fear in Your Severance Agreement?

When an employee’s term of service is ending, whether voluntarily or involuntarily, many employers offer those employees severance agreements in exchange for some form of compensation. Generally ...
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