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Under the Fair Labor Standards Act (“FLSA”), most employees are entitled to minimum wage and overtime pay if they work more than 40 hours in a week. However, some employees are classified as “exempt” from these protections. For example, an employer might claim you are...
In Bashaw v. Majestic Care of Whitehall, LLC, 2025 WL 700169 (6th Cir. Mar. 5, 2025), Kirstyn Bashaw, a Director of Social Services at Majestic Care, alleged she was wrongfully terminated in retaliation for being a whistleblower and reporting patient-care concerns and...
If you are a longtime reader of this blog, you will already know that Ohio’s scheme of civil rights protections is set forth in R.C. Chapter 4112. Further, you may be aware that R.C. § 4112.02 prohibits multiple forms of discrimination based on race, color, religion,...
Which Motive Applies? Plus, Mixed Motive, and Alternative Claims Employment law, like any field dealing with the examination of people’s actions, can be a complex field. We recently looked over: “Plus” claims, where your employer discriminates against you due to your...
The Fair Labor Standards Act (“FLSA”) guarantees that most employees in the United States are entitled to minimum wage as well as overtime pay when they work more than 40 hours per week. Under the law, non-exempt employees must be paid at least time and a half for...
How Do You Prove Discriminatory Failure to Hire? Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
No, you cannot just say, “I do not want to move my family, so my employer has to let me stay put as a disability accommodation.” That is not how disability discrimination law works. A recent case from the United States Court of Appeals for the Seventh Circuit,...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
Recently, in Valerio v. Metropolitan Transportation Authority, 2025 WL 686028 (2d Cir. Mar. 4, 2025), Kissairis Valerio, a Black and Hispanic female officer, was fired from the Metropolitan Transportation Authority Police Department (MTAPD) after allegedly mishandling...
I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...
Is This Racial Discrimination And Harassment At Work? In Jason Jones v. Fluor Facility & Plant Services, 2025 WL 707869 (6th Cir. 2025), Jason Jones, an African American maintenance worker, was subjected to blatant racial harassment by his white coworkers at Fluor...
We’ve all been there: a co-worker or supervisor does something that annoys us, and the urge to fire off a snarky or angry email feels almost irresistible. Maybe a customer complaint pushes us over the edge, or you feel like you're not getting the respect you deserve....
Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...
Temporary injuries in the workplace often raise critical legal questions about disability discrimination: Can these short term injuries qualify as disabilities under Americans with Disabilities Act (“ADA”)? Does the ADA even require an employer to provide any...
If you believe your employer discriminated against or harassed you or wrongfully fired you, your reflexive reaction might be to immediately run to the court with a lawsuit in hand yelling “I’m going to sue you!” However, this may cause many problems for employees....