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Many people assume that when we talk about religion, we are talking about a belief in a god or deity, such as in the Christian, Jewish, or Muslim faiths. However, under the law, a “religious belief” can be any moral or ethical beliefs to what is right and wrong that...
Under the Fair Labor Standards Act and , employers are required to pay employees at time and half their normal rate for all hours worked over 40 per week. But making a wage and hour or overtime claim is not that simple and requires the knowledge of knowledgeable and...
It is a common misconception that sexual harassment can only occur if the harasser acts out of sexual desire toward the victim. However, as the Sixth Circuit recently explained in Waldo v Consumers Energy Co., any unequal treatment of an employee that occurs solely...
Fadwa Charnitski is woman originally from Kuwait. In September 2005, Charnitski became a sales person at MotorWorld Group. According to her lawsuit for gender, race and national origin discrimination, she was “one of the top sales persons” as well as the only female...
Generally, in order to establish a claim for hostile-environment based on gender under Title VII of the Civil Rights Act of 1964, a plaintiff must prove (1) that the harassment was unwelcome, (2) that the harassment was based on sex, (3) that the harassing conduct was...
All employment attorneys are cognizant of the fact that, every once in awhile, judges in Courts at every level can make incorrect decisions. Dockets can become insurmountable and pressure from deadlines can lead to hastily made decisions. In other words, judges are...
Among the many changes brought about by the Patient Protection and Affordable Care Act of 2010 (popularly known as “Obamacare”) is an amendment to the Fair Labor Standards Act of 1938 (FLSA), which requires employers to provide lactating mothers with time, and a...
Most employers and employees think that there has to overly egregious racial discrimination, including racial slurs, to justify bringing a claim. Our employment discrimination attorneys are here to tell you that is not true. Under Title VII of the Civil Rights Act of...
As the Employment Law Attorneys at Spitz, The Employee’s Law Firm know, sometimes the same bad acts – such as gender discrimination– can lead to multiple legal claims under the law. As the saying goes, there is more than one way to sue someone. Thus, what at first may...
A federal jury recently ruled that an owner and his company must pay compensatory and punitive damages to an African-American employee after determining that the use of the “n-word” is inappropriate among minorities in a workplace. In a lawsuit filed by Brandi...
There are many laws that regulate how employers must treat their employees. As one example, 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,...
In a recent Ninth Circuit case, Westendorf v. West Coast Contractors, plaintiff Jennifer Westendorf claimed that sexual harassment by a co-worker created a hostile work environment and interfered with her ability to perform her job duties. When her supervisor failed...
Employers try many tricks to avoid paying overtime at time and half for all hours worked over 40 as required under the Fair Labor Standards Act and Ohio Fair Labor Standards Act. One of the employer’s big overtime tricks is to misclassify an employee as exempt or tell...
Employees who are 40 years or older are protected from discrimination under both Age Discrimination in Employment Act (“ADEA”) and Ohio laws (R.C. § 4112.02(N), R.C. § 4112.05, or R.C. § 4112.14). Some employees over this age limit think that in order for there to be...
As an employment discrimination attorney, I am cognizant of the many misconceptions about sexual harassment claims. Sexual harassment is an issue only for young women. Sexual harassment can only occur on work time. The male supervisor has to ask for sex more than...
According to a sexual harassment lawsuit filed against the HoneyBaked Ham Company of Georgia, female employees in the company’s Colorado stores were repeatedly subjected to unwanted sexual comments and physical touching by their regional manager. According to the...