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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...
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...
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...
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...
Our wage and hour attorneys are frequently asked whether or not employees are entitled to be paid for the time they spend working “on call.” As usual, the answer depends. It as been a while since our wage theft lawyers have addressed this issue and a new case gives us...