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The United States Supreme Court recently agreed to decide the issue of what exactly constitutes “changing clothes” under the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay their non-exempt employees overtime compensation (“time and a-half”) for...
The Americans with Disabilities Act (“ADA”) protects disabled individuals from all kinds of workplace discrimination. One type of discrimination that the Act protects against is an employer’s refusal to provide a reasonable accommodation. Under the ADA, an employer...
Suppose you experience a serious health issue that interferes with your ability to work. Or, what if a loved one is seriously ill or injured and requires your care so that you have to stop working or have to work less? Can you be fired? A serious health problem is...
Most employers understand that, under the Americans with Disabilities Act (ADA), it is illegal to discriminate against employees or applicants with disabilities. However, what many employers are unaware of is a lesser-known ADA provision that prohibits discrimination...
The manager of an adult entertainment facility (read strip club) is faced with discerning customers that ask, “Where are all the white women at?” It becomes clear that at this location, white women are more profitable than dancing black women. The manager’s job is...
Just a few months ago, we blogged about the ongoing discrimination faced female employees when they get pregnant. Again, the law is clear on this point: Under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964,...
An interesting case out of Spokane, Washington has just caught media attention involving a female hairstylist who was terminated by her employer after shaving head. The hairstylist, Melanie Strandberg, made the choice to shave her head in order to support her sister...
As anyone with a television set, radio, or the internet is already aware, the United States Supreme Court recently declared the Defense of Marriage Act (“DOMA”) to be unconstitutional. This landmark decision has immense implications for the federal benefits which will...
The staffing firm Day & Zimmerman received an employee’s complaints about racial harassment and physical abuse and then allegedly, disregarded and retaliated against the employee by firing him. Specifically, the complaint alleged that a foreman at Day &...
The Equal Employment Opportunity Commission (“EEOC”) recently announced a lawsuit filed against Performance Food Group, Inc. (“PFG”), one of the nation’s largest foodservice distributors. The lawsuit alleges that PFG,and its predecessor, subsidiary, and affiliate...
Back in January, our employment discrimination lawyers blogged about the woman in Iowa that was fired for being too irresistible to her employer (Read the blog). Essentially, the Iowa Supreme Court held that a boss could fire a female employee to avoid dealing with...
Bad news for employees who want to push religion in the workplace: Employers may legally demote an employee for discussing religion at work. In Hall v. Tift County Hosp., the District Court for the Middle District of Georgia rejected Plaintiff Pamela Hall’s religious...
Does the fact that sexual harassment is directed at both female and male employees make it okay? The answer, according to the Minnesota Supreme Court, is no. In Rasmussen v. Two Harbors Fish Company, the Minnesota Supreme Court held that sexual harassment need not be...
What if an employee works in more than one position at your job? What if an employee has one job title but perform job duties under two or more different positions? With employers looking for fewer employees to perform more job duties these days, an interesting...
A recent U.S. District Court decision in Gillis v. Wal-Mart highlights the question of whether an employee can bring a claim against his or her employer for hostile work environment when the underlying conduct that serves as the basis for the claim occurred outside of...
It should be common sense that employers, supervisors, and co-workers should not be able to use the “N-Word” while at work without some consequences being attached, but, as employment attorneys, it is the job of the members of Spitz, The Employee’s Law Firm to...