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Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...
Today, we will look at a recent decision by the United States Seventh Circuit Court of Appeals, which dealt with an age discrimination claim under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., in the context of what is known as...
It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...
Our discrimination attorneys have blogged extensively on what constitutes discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”), etc. (Best Law Read: You...
Our wage and hour attorneys at Spitz monitor decisions from Federal courts across the country regarding employers misclassifying employees as independent contractors and expanding eligibility under the Fair Labor Standards Act (“FLSA”). (Do Independent Contractors...
The short answer is that while an employer cannot use its drug-free policy as a cover up to fire you for a discriminatory reason, an employer does have a right to enforce its drug-free policy to either fire an employee or revoke a conditional job offer if the employee...
There is a lot that goes into figuring out if a worker has a claim under the Americans with Disabilities Act (“ADA”), and it is often very complicated. Today, we are going to use a recent decided case to breakdown some the basics of disability discrimination, failure...
Who is a “qualified individual” under the ADA? Best Disability Discrimination Lawyer Answer: The American with Disabilities Act of 1990 (“ADA”) protects qualified individuals with disabilities from being discriminated on their jobs and requires employers to provide...
As my fellow employee rights attorneys here at Spitz have blogged about regularly, the Americans with Disabilities Act (“ADA”) is a federal law that protects employees from employment discrimination based on an actual disability, perceived disability, or because the...
The world is full of incredible workers with disabilities. I think we can all agree that disabled does not mean unable. The Americans with Disabilities Act (ADA) was enacted in 1990 to ensure that disabled individuals received equal opportunities within the work force...
What laws protect against retaliation for reporting discrimination? Best Employment Discrimination Lawyer Answer: All employment discrimination laws have an anti-retaliation provision, including the Title VII of the Civil Rights Act of 1964, the Americans with...
Can My Company Retaliate Against Me For Opposing Discrimination By A Manger Or Supervisor? Best Wrongful Termination Lawyer Answer: As frequent readers of this employees’ rights blog know, if you report discrimination, harassment, wage and hour violations, or certain...
The Family and Medical Leave Act (“FMLA”) is a federal law that provides an employee a job protected right to take up to 12 weeks off from work to either personal deal with a serious medical condition and/or treatment, or to care for a family member with a serious...
How do you prove a failure to promote race discrimination claim? Best Employment Lawyer Answer: Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to ... discriminate against any individual with respect to his compensation, terms, conditions,...
Under the Fair Labor Standards Act (“FLSA”) and various state laws, companies have to pay their employees time and a half for all time working over 40 hours in a designated workweek. As you can imagine, employers don’t like to dole out overtime and have come up with a...
Our employment discrimination attorneys often talk about the fact that there is no case that you can guarantee a win – mostly pointing to the fact that judges and juries can be very unpredictable. Recently, our wrongful termination discussed that a crazy situation...