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Gilbert Edwin worked for Clean Harbors Environmental Services, Inc., an environmental and industrial service provider, as an environmental technician, which was designated a safety position by his employer. Employment records showed that Edwin was caught sleeping on...
Today we consider the recent case of Barsody v. Clearfield Area Sch. Dist., No. 22-2928, 2023 WL 3814038 (3d Cir. June 5, 2023). In this case, Leonard Barsody, proceeding pro se, which means representing himself (very bad idea) sued his employer Clearfield Area School...
“Just because you can doesn't mean you should.” The American legal system allows individuals to represent themselves in court. This practice is called acting pro se. Our lawyers have blogged regularly to warn employees about the complexities employment discrimination...
Yesterday, our employment discrimination attorney discussed whether offensive music could create a racially or sexually hostile work environment based on the recent United States Court of Appeals for the Ninth Circuit holding in Sharp v. S&S Activewear, L.L.C.,...
Last week, in Sharp v. S&S Activewear, L.L.C., No. 21-17138, 2023 WL 3857491, (9th Cir. June 7, 2023), the United States Court of Appeals for the Ninth Circuit addressed the offensive music issue as well as whether there is a violation of Title VII of the Civil...
Next to no appellate decisions end favorably for the employee when they start off saying: “Cleon Belgrave, proceeding pro se …” Today, we look at the recent case of Belgrave v. Publix Super Market, Inc., No. 22-13021, 2023 WL 3477790, at *1 (11th Cir. May 16, 2023) as...
Since it has been a while since our employment discrimination lawyers have blogged about pregnancy discrimination, I have been on the lookout for a good case to use as a topic. Today, I came across the recently decided Biehner v. City of New York, No. 21-2922, 2023 WL...
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,...
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...
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...
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...
The Fair Labor Standards Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act (“OMFWSA”) are important laws that protect workers’ right to be paid premium compensation (time and one-half) for overtime work. However, not all employees are covered by these laws....
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...
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...
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...
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...