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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...
It is no secret that, under state and federal law, employers may not retaliate against employees for engaging in protected activities such as reporting or assisting with an investigation into discrimination. But what if your employer retaliates against you because you...
Mitsuwa Corporation, the largest Japanese supermarket in the United States, recently agreed to pay $250,000 to settle a national origin discrimination lawsuit, according to the Equal Employment Opportunity Commission (“EEOC”). The lawsuit alleged that Mitsuwa...
In May of this year, a federal jury in Iowa sent a $240-million-dollar message to any company that believes it can take advantage of intellectually-disabled workers without suffering the consequences – think again. The award came at the conclusion of a disability...
Dr. Carol Warfield recently receive a $7-million-dollar settlement from a Harvard Medical School teaching hospital after filing claims of gender discrimination. Warfield’s lawsuit alleged that she was demoted from department chairwoman for being “too aggressive” and...