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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...
The employment attorneys of Spitz, The Employee’s Law Firm are no strangers to national origin discrimination lawsuits, but one cannot help but be slightly surprised to hear that a Caucasian female recently filed a lawsuit against her Company for discriminating...
Fashion retailer Wet Seal has agreed to pay $7.5 million to settle a racial discrimination lawsuit. The suit accused the retailer of firing black employeesand attempting to improve profits by making sure the workers seen by customers were European-looking with...
Title VII of the Civil Rights Act of 1964 makes it clear that sexual harassment in the workplace is unacceptable and illegal, and it is an employer’s responsibility tomake sure employees know that sexual harassment will not be tolerated. Employers should provide...
No one deserves to feel unsafe or uncomfortable in the workplace – especially based on the color of their skin, the religion that they practice, or their national origin. In fact, employers are required to ensure that their work environments are free of harassment and...
Have you ever wondered whether sexual remarks and inappropriate behavior by your same-sex boss could be grounds to sue for sexual harassment? Well, the short answer is yes. It is unlawful for men to sexually harass men; and women to sexually harass women. (Of course,...
It seems like a no-brainer that sexual discussions, propositions and jokes have no place in the workplace and allowing them can lead to serious liability for employers. Still, the number of cases where boneheaded bosses decide to make bad jokes, request sex from their...