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The Americans with Disabilities Act (“ADA”) protects employees from disability discrimination by, among other things, requiring employers to provide a reasonable accommodation if doing so will allow the disabled employee to perform as well as a non-disabled...
A New York court recently took a step in favor of employees’ rights when it comes to requesting reasonable accommodations for disabilities. On October 10, 2013, in Giuseppe Romanello v. Intesa Sanpaolo, the New York State Court of Appeals held that an indefinite leave...
Likely unknown to most individuals, the Affordable Care Act not only changed employees’ rights regarding access to health insurance, but has also given them added rights and protections under the Fair Labor Standards Act (“FLSA”). Here are a few examples:...
Sometimes our judicial system gives us legal outcomes that just make you laugh…or cry, depending on your point of view. This case illustrates one such example. About two years ago, activists who were part of the Occupy movement at the University of California, were...
The employment discrimination attorneys at Spitz, The Employee’s Law Firm often meet with clients that have faced sexual harassment in the workplace and on the job. Often, the sexually harassed workers come to us after they have been fired. Buts, some smartly come in...
An employee recently posted this question to our wage and hour attorneys: “As an in-home caregiver, should I be getting paid overtime and/or minimum wage?” The Fair Labor Standards Act (“FLSA”) requires that employers pay their employees at a rate equal to or greater...
Our employment discrimination lawyers recently had an employee ask us, “as an atheist, am I protected from religions discrimination?” What do atheist “believe” in? Atheism literally means “without gods” (“a” “theism”). Generally, Atheists are simply people who do not...
The Fair Labor Standards Act (“FLSA”) requires that employers pay all employees, with few exceptions, at a rate equal to or greater than the federal minimum wage. Additionally, the FLSA requires employers to pay most employees time-and-a-half for any hours worked...
Abercrombie & Fitch keeps testing the reach of the religious discrimination provisions of Title VII of the Civil Rights Act of 1964 and continues the pay the price for doing so. After being forced by a jury to pay a Muslim job applicant who was not hired after she...
Case Western’s Law School is facing some internal heat from one of his Professors, Raymond Ku, who has sued the University and its Dean, Lawrence Mitchell, claiming he was retaliated against for reporting possible sexual harassment by the Dean towards a female...
The Fair Labor Standards Act (“FLSA”) requires that employers pay their employees at a rate equal to or greater than the federal minimum wage. Additionally, the FLSA requires employers to pay most employees time-and-a-half for any hours worked beyond 40 hours per...
Agilysys, a California software company, thought it could avoid paying its employees overtime by incorrectly classifying them as exempt. The employees disagreed with Agilysys, called qualified wage and hour lawyers, and filed suit. In Jones et al v. Agilysys, Inc....
Title VII of the Civil Rights Act of l964 requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship upon the employer. However, how is an employer supposed to know if the...
The Americans with Disabilities Act (ADA) makes workplace harassment and discrimination based on disability unlawful. Yet, many employers still just do not get it. A few days ago, Toys R Us, settled a disability discrimination law suit based on its refusal to...
As a little Halloween treat, we depart from the scary acts of discriminating and harassing employers. Instead, we turn to a little movie magic potty humor with an employment bent. (Click Picture or Link to Watch Clip). In Austin Powers, when he is shoving serial...
When people think of Halloween, most think about costumes, trick-or-treating, pumpkins, and other fun traditions. Many employers celebrate the holiday with an office Halloween party. Whether they are a potluck lunch event or a full-scale catered endeavor held in the...