Employment Law Blog

ADA Accommodations also Apply to Applicants

There are many federal statutes that protect individuals from discrimination based on certain protected categories. These categories include race, sex or gender, religious beliefs, age, among others. ...
Continue reading "ADA Accommodations also Apply to Applicants" »

Termination for Stolen Bell Pepper Leads to $16M Age Discrimination Case

Who knew that allegations of stealing a 68-cent bell pepper would lead to a huge employment discrimination verdict to the tune of $16 million? Certainly not the California resident who received this ...
Continue reading "Termination for Stolen Bell Pepper Leads to $16M Age Discrimination Case" »

Proposed Update on National Origin Discrimination EEOC Guidance

It appears the EEOC is on a roll when it comes to updating their discrimination guidelines, which is a good thing. The latest area of employment discrimination to be rehashed is national origin ...
Continue reading "Proposed Update on National Origin Discrimination EEOC Guidance" »

11th Circuit Considering Viability of Sexual Orientation Discrimination Claims

While no federal appeals court has yet declared sexual orientation discrimination to be a violation of Title VII, these types of claims are being pursued more frequently forcing courts to consider the ...
Continue reading "11th Circuit Considering Viability of Sexual Orientation Discrimination Claims" »

Department of Labor's Sex Discrimination Guidelines Finally get a Makeover

It has been more than 45 years since guidelines were first established to ensure nondiscrimination of females in the workplace. The Sex Discrimination Guidelines, as they havebecome known, have not ...
Continue reading "Department of Labor's Sex Discrimination Guidelines Finally get a Makeover" »

Family Responsibilities Discrimination: What These Types of Claims Involve

The protections afforded to employees by the FMLA include allowing employees to take leave from work to deal with health issues, without the fear of losing their jobs. While an employee is off on FMLA ...
Continue reading "Family Responsibilities Discrimination: What These Types of Claims Involve" »

Employment Contracts: Good or Bad?

Employment relationships are inherently contractual, regardless of whether the terms are reduced to writing. Alabama is an employment-at-will state, meaning your employer does not need good cause to ...
Continue reading "Employment Contracts: Good or Bad?" »

What is the "Coming and Going Rule"

Alabama Workers' Comp is an insurance program which offers medical benefits and wage replacement for employees who sustain a job-related injury. The determination of whether a reported injury is ...
Continue reading "What is the "Coming and Going Rule"" »

DOL Regulations May Not Always be Enforced by the Courts

In a recent Supreme Court case regarding FLSA overtime and exempt employee rules, the Court refused to give deference to certain DOL regulations without the DOL's reasoned explanation for policy ...
Continue reading "DOL Regulations May Not Always be Enforced by the Courts" »

Common Questions about the new "White Collar" Overtime Rule

By now most employees are at least familiar with the U. S. Department of Labor's (DOL) recently published final rulemaking changes to the so-called "white collar" overtime exemptions. ...
Continue reading "Common Questions about the new "White Collar" Overtime Rule" »

Bartender Terminated Simply because she was Pregnant

You would think that, by now, employers would know better than to openly fire an employee because they are pregnant. However, there are those employers who simply believe what they are doing is not ...
Continue reading "Bartender Terminated Simply because she was Pregnant" »

FLSA Minimum Salary Thresholds for Overtime have Increased

The new federal overtime rule has been highly anticipated since President Obama's Presidential Memorandum was signed in 2014. It was then that the President first directed the Department of Labor ...
Continue reading "FLSA Minimum Salary Thresholds for Overtime have Increased" »

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 ...
Continue reading "Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule" »

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 ...
Continue reading "Is the Equal Pay Mandate Unfriendly to Businesses?" »

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 ...
Continue reading "Whose Intent Matters in Discrimination Cases: the Employer or the Employee?" »

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" »

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 ...
Continue reading "Exempt Employees Previously Unable to Get Overtime may now be Eligible" »

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 ...
Continue reading "The Pay Gap Includes More than Just Gender Disparity" »

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 ...
Continue reading "Do Alabama Employees Have a Right to their Personnel Files?" »

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 ...
Continue reading "Patient Rights or Unlawful Discrimination?" »

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 ...
Continue reading "Pay Disparity in Sports is Gaining Recognition" »

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 ...
Continue reading "5 Myths Regarding Employee Rights" »
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.