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Why is the difference between being an employee or an independent contractor important under the FLSA? The distinction between being an employee and an independent contractor is important under the Fair Labor Standards Act (“FLSA”) because the protections and benefits...
“Ms. Dorothy Barrett-Taylor sued Birch Care Community, LLC under the Americans with Disabilities Act, claiming disability discrimination, failure to provide a reasonable accommodation, and retaliation. The claims ultimately turned on Ms. Barrett-Taylor’s refusal to...
Recently, in Crivelli v. Montgomery County Emergency Services District Number 7, No. 22-20312, 2023 WL 2823065 (5th Cir. Apr. 7, 2023), the United States Court of Appeals for the Fifth Circuit address the issue of proving qualification for a particular job as part of...
As with most employment discrimination legal questions, the answer is “it depends.” Indeed, it will likely come down to the particular workplace facts as opposed to the law in question. As our employment discrimination lawyers have discussed often before, under Title...
There are certain things that are universally hated: bad drivers that flip you off because nothing is their fault, a sink full of dishes, clothing that is supposed to be in your size but is cut so small just to make you feel fat, cancer, being told to calm down when...
In Smith v. Mcdonough, Sec’y of Veterans Affairs, No. 22-6131, 2023 WL 2765898, (10th Cir. Apr. 4, 2023), Eric Smith, a longtime employee of the United States Department of Veterans Affairs (“VA”), sued his employer for employment discrimination and harassment that he...
What is a “salary” exactly? Unlike hourly workers, salaried employees typically receive a fixed amount of pay per week that is not tied directly to the number of hours worked or to their productivity. The “salary” is the amount that the worker is generally guaranteed...
Today, we look at a recent case out of the United States Court of Appeals for the Second Circuit that deals with the disability accommodation process at work. In Tillman v. New York City Department of Human Resources Administration, No. 22-872-CV, 2023 WL 2770218 (2d...
Thomson Reuters has a nepotism policy that prevents close family and relations from being in the same reporting chain of command. This policy provides that a conflict of interest exists when “[s]omeone with a close relationship with you is in a direct reporting...
Let’s start with the premise that there I no perfect case. There is always risk from bad judges, good judges that just get it wrong, and certainly, juries can be unpredictable. No matter how good you think your cases is, there is still risk. With that said, employers...