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Under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, discriminating against pregnant women is an expressly unlawful form of gender discrimination. This should be clear by now. Yet, when Tara J. Smith, who was working...
John Woods had a traumatic brain injury, but had long been able to work as a server at Outback Steakhouse. Outback had determined that he was able to perform the central job functions and let him work. But, when a new manager took over, she fired John for not being...
One of our wage and hour attorneys recently was asked by a third shift employee about the legal requirements to pay night shift employees a higher wage. Unfortunately, although many employers chose to pay higher wages through a “shift differential” to second or third...
The employment attorneys at Spitz, The Employee’s Law Firm recently met with a client who posed an interesting question: can an employer legally require an applicant for employment to perform a strength or agility test prior to hiring him or her? The answer – as the...
Derrick Morgan was hired as a crew member at a McDonald’s franchise and then promoted to shift supervisor, where he successfully preformed all his job duties despite having cerebral palsy. Within a few months of Alia Corporation, which operates over 20 McDonald’s...
In Gonzalez v. Downtown La Motors, LP, the court tackled an interesting wage and hour claim. In this case, the employer compensated its automotive service technicians on a “piece-rate” basis for repair work and ensured that a technician’s total compensation for a pay...
As the attorneys at Spitz, The Employee’s Law Firm know, many employers commonly misclassify employees as “exempt” from the overtime provisions of the Fair Labor Standards Act (FLSA). “Exempt” means that the overtime provisions of the FLSA do not apply to you. One of...
Black, Red, White, Blue, Green. It doesn’t matter. Title VII of the Civil Rights Act of 1964 protects all employees from race discrimination. Title VII, as well as Ohio’s R.C. § 4112.99, prohibits discrimination against any race, any religion, any national origin, and...
As the attorneys at Spitz, The Employee’s Law Firm know, damages in most employment-related claims are generally based on back pay. Back pay represents the compensation the employee would have earned through the date of judgment but-for the wrongful termination. In...
On February 4, 2013, I wrote a blog explaining how the Sixth Circuit Court of Appeals considers an employer’s changing rationale for making an adverse employment decision against an employee to be strong evidence of pretext -ie- a manufactured non-discriminatory...
As our employment law attorneys have repeatedly blogged about, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”) when President Bush signed the Americans with Disabilities Act Amendments...
In Gonzalez v. Downtown La Motors, LP, the court tackled an interesting wage and hour claim. In this case, the employer compensated its automotive service technicians on a “piece-rate” basis for repair work and ensured that a technician’s total compensation for a pay...
According to salary.com, the median salary for a school bus driver is $31,604. So how much is a sexual harassment case that leads to the termination of a female bus driver worth? Many defense attorneys will argue for the couple months’ salary that she was off of...
Most employment attorneys know that Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to rehire military servicemembers that return from service to their same position or the position that would have been attained had they not been...
It starts off like any good joke, two racist pigs walk into a Waffle House… They make racist comments and harass staff based on race. The employees turn to management for help, and the manager is left with the question: What should I do? Well, here are a few choices:...
Even if a job requires physical labor, employers cannot reject applicants based on their age. Take the case against Western Energy Services of Durango, Inc. (WESODI), who rejected the applications of potential employees, Dennis Thomas (age 61) and Eric Camron (age...