Last year, a few major U.S. Supreme Court rulings turned 50 years old. The first case to come to many minds probably is the landmark 1973 ruling of Roe v. Wade. However, the name at the tips of employment lawyers’ tongues probably is the discrimination case of McDonnell Douglas Corp.…
Domestic workers (like nannies and housekeepers) are a diverse group. Even fictional depictions range from Julie Andrews’ Mary Poppins to Robin Williams’ Mrs. Doubtfire. In real life, these workers often put in long hours, working more than 40 hours a week. Those facts may mean that a nanny or housekeeper…
One of the more common issues employers and employees may encounter regarding a possible discrimination lawsuit is the existence of a valid arbitration agreement. Many employers include these agreements with other contractual documents that new hires sign as part of their “onboarding” process. Whether you’re a worker looking to litigate…
Food delivery drivers frequently can be the victims of Fair Labor Standards Act violations. That can include improperly underpaying drivers who use their personal vehicles for deliveries (by paying them only the minimum wage and then not properly paying them for the vehicle expenses they incur,) or illegally underpaying them…
Proper written documentation can be the difference between success and failure for an employer facing a discrimination lawsuit. The more contemporaneously created items showing the issues the employee had, the more support the employer will have for an argument that it took adverse action against the employee for legitimate reasons…
Race discrimination cases can span a broad spectrum, from those involving allegations of employers blatantly and remorselessly setting out to discriminate against certain races to employers whose discriminatory misconduct was wholly lacking in “racial animus.” In either scenario, the discrimination is illegal and can entitle the workers harmed by it…
Whether you’re an employee or an employer, it is important to understand the rights and responsibilities set out in the Family and Medical Leave Act. It is also vital to know what you have to prove (as a worker) or disprove (as an employer) in a case of illegal retaliation…
A few years ago, Harvard University conducted a poll about discrimination. The results revealed that 57% of African-American workers “reported discrimination in pay and consideration for promotions.” While the denial of promotions based on a candidate’s race remains a serious problem, it is also true that some denials of promotions…
One of the emerging areas in Fair Labor Standards Act litigation centers on the misclassification of exotic dancers. Several groups of dancers have successfully sued clubs for illegally misclassifying them as independent contractors instead of employees. While this industry may be relatively small, these misclassification cases hold significance for more…
The Family and Medical Leave Act provides several rights and imposes several responsibilities on employees and employers alike. It is important to be keenly cognizant of these rights and responsibilities, as failure to do so can be extremely costly. If you have questions about your FMLA rights and/or responsibilities, don’t…