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Our employment law attorneys blog a lot about the substantive law that protects employees from being wrongfully fired or otherwise discriminated against based on race/color, national origin, religion, gender/sex (including pregnancy) sexual orientation, gender...
As our employment discrimination attorneys have harped on, there are a lot of problems that can ruin a wrongful termination if you try to go through the Equal Employment Opportunity Commission (“EEOC”) process on your own. Any claim filed under Title VII must first...
Today, we look at the recent United States Court of Appeals for the Fifth Circuit race discrimination case, Hudson v. Lincare, Inc., No. 22-50149, 2023 WL 240929, at *1 (5th Cir. Jan. 18, 2023). The plaintiff-employee in this case, Brittany Hudson, is a Black female...
Today, I start a trial in a race discrimination case where the employer previously testified that it was not against the company policy for white employees, including the operations manager, to say “n*gger.” When confronted with my client’s objections to the use of...
What laws protect a woman’s right to equal pay? Women’s rights to equal pay are protected under both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act (“EPA”). Under both laws, employers must pay woman workers the same as their male counterparts when...
How do I prove a race discrimination case against my employer? A claim for race discrimination under Title VII of the Civil Rights Act of 1964 can be established in two different ways, either through direct or indirect evidence. Race discrimination can be proved by...
What laws require employers to accommodate disabled employees? The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with a disability or serious medical condition that will all the employee to perform the...
As always when dealing with employment laws, the answer is maybe. It depends on the facts regarding the travel in question. This answer may be less than satisfying, but we can start with the presumption that under the Fair Labor Standards Act (“FLSA”) and Ohio Minimum...
As our employment discrimination lawyers have blogged about, complaints of discrimination and/or harassment will not likely save a bad employee from being fired. Today, we look at the recent United States Court of Appeals for the Eighth Circuit case Corkrean v. Drake...
Today, we consider the recent United States Court of Appeals for the Third Circuit case, Williams v. Fed. Express Corp, No. 22-2014, 2022 WL 17580657, at *1 (3d Cir. Dec. 12, 2022). Lori Williams, an African American female, had been working at FedEx since 1995, when...
Well, COVID refuses to go away. So, today, our employment discrimination lawyers review the recent United States District Court for the Northern District of Ohio decision in Bibb v. Cuyahoga County Board of Developmental Disabilities, No. 21-CV-2235, 2022 WL 16793334...
The Fair Labor Standards Act (“FLSA”) is the federal law that requires employers to pay non-exempt employees minimum wage and overtime at time and a half the regular rate. Today, our wage and hour lawyers are going to focus the antiretaliation provision of the FLSA...
For today’s employment discrimination blog, our employee’s rights lawyers look at the situation that JDKD Enterprises, L.P. found itself in recently. JDKD is a McDonald’s franchisee operating in New Jersey. It fired a grill cook who has autism spectrum disorder. The...
Just before Christmas, the United States Court of Appeals for the Sixth Circuit gifted employees a great wage and hour opinion in the case of Walsh v. KDE Equine, LLC, No. 21-5054, 2022 WL 17843720 (6th Cir. Dec. 22, 2022). In Walsh, the Sixth Circuit, which presides...
What is the FMLA and how do I use it? The Family and Medical Leave Act (“FMLA”) is a federal law that gives eligible employees of covered employers the ability to take 12 weeks of job-protected, albeit unpaid leave for serious personal or family medical reasons. To...
Are there any laws that prevent my company from forcing me to work on Christmas? No, there are no federal laws that specifically preclude employers from scheduling employees to work on Christmas or Christmas Eve. Likewise, with the exception of Massachusetts and Rhode...