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Employment Law

Marijuana & Employee’s Workplace Rights

by Brian Spitz | Jun 7, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination, Wrongful Termination

The policies surrounding employees’ use of cannabis, CBD, and THC products in the workplace are evolving. Many states are enacting law to allow medical and/or recreational use of cannabis. In today’s blog, our employment law attorneys will discuss what claims,...

Can My Job Cut My Regular Pay Rate To Avoid Paying Overtime?

by | Jun 6, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Wage: Overtime

Not a chance. Picture this, you are working 40 hours per week at your job making $13.00 per hour. Your boss says that they need you to work 60 hours per week temporarily. This sounds good to you. You have the time and could use the extra time-and-a-half overtime...

The Cautionary Tale Of A Good Employment Case

by Brian Spitz | Jun 2, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

As my good friend, Kenny Rodgers, once said, “You’ve got to know when to hold ‘em, know when to fold ‘em, Know when to walk away, know when to run.” There comes a time in most every case when a plaintiff-employee can claim the win by settling the case. The trick is to...

Top Secret: Can Yanking Security Clearance Be An Adverse Employment Action?

by Brian Spitz | Jun 1, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

What is an adverse employment action? An adverse employment action constitutes “a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant...

What Employer Acts Can Support A Discrimination Claim

by Brian Spitz | May 30, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

How do you prove employment discrimination? Before we get to what employer acts constitute an adverse employment action, we need to discuss how it fits in with the other elements of an employment discrimination claim. Title VII of the Civil Rights Act of 1964...

Yes, You Can Be Fired For Not Passing Proficiency Tests

by Brian Spitz | May 26, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Orientation Discrimination, Wrongful Termination

Alexander Reagan Ma’alona, a male Asian/Pacific Islander with dark brown skin, worked for the Transportation Security Administration (“TSA”) as a Transportation Security Officer from 2002 to 2012. After the September 11, 2001 terrorist attacks, Congress enacted the...

What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?

by Brian Spitz | May 25, 2023 | Employment Law, Family Medical Leave Claims, Federal Law Update

Today, we look at the recent United States Court of Appeals for the Eleventh Circuit case of Graves v. Brandstar, Inc., No. 21-13469, 2023 WL 3316741 (11th Cir. May 9, 2023). Jessica Graves was an employee of the Florida-based Brandstar Studios, which provided...

Sixth Circuit Tries To Help Employers Hide Wage Theft – Will It Backfire?

by Christopher Wido | May 24, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

As our overtime lawyers have blogged before, wage theft is an endemic problem in the United States. While some forms of wage theft might be obvious, most of the time it is insidious, or worse, employers lie to employees about their entitlement to the minimum wage and...

Hostile Work Environment: What Does “Severe Or Pervasive” Mean?

by Brian Spitz | May 23, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination

In a recently decided case out of the United States Court of Appeals for the Fifth Circuit, Vanoy Allen sued her employer, Our Lady of the Lake Hospital, Inc., claiming that she was subjected to a racially hostile work environment. See Allen v. Our Lady...

Don’t Count On Judges To Do What You Expect

by Brian Spitz | May 19, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...

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