Tag Archives: Employer

Reflecting on 2016: Employment Law Changes: Overtime, Discrimination

January 5, 2017 20:03 /

All employers should be aware of the 2016 Fair Labor Standards Act overtime rule changes. Updates to overtime pay was a major change this year. The change to the required minimum salary for employees exempt under the administrative, executive, or professional exemption became effective Dec. 1, 2016. Heading in to 2017, employers should also make sure they are aware of U.S. Department of Labor updates and continue to keep the lines of communication open with employees regarding overtime pay, salary changes, and differences between exempt and non-exempt employment status.

Retaliation continues to be the most common charge filed against employers. Guidance from the Equal Employment Opportunity Commission (EEOC) for processing, investigating and proving retaliation also comes with a focus on preventing future retaliation and improving employer-employee relationships.

The issue of pay equity continues to be a major concern, which gained attention earlier this year when players on the U.S. Women’s Soccer team filed a discrimination claim. If employees are allowed to discuss pay, it could open the door to revealing and correcting discriminatory disparities in pay. One of the priorities of the Equal Employment Opportunity Commission (EEOC) is to ensure equal pay protections for all workers. While this year’s discrimination focus has often been concentrated on protections against discrimination based on sexual orientation, gender identity, and national origin, it is always important to remember that workers continue to face discrimination based on race, age, disability, religion and other protected classes. While the Civil Rights Act of 1964 is federal law, employment protections can vary by state. If you are experiencing discrimination and/or harassment in the workplace, contact an attorney or law firm near you to better understand your rights. A labor lawyer may be able to help.

Link: http://www.greeleytribune.com/news/business/from-ot-to-discrimination-employment-law-activity-that-shaped-2016/

Source: By Katie Loehrke; From TheTribune

Posted in: Discrimination, EEOC / Tagged: , , , , , , , , , ,

11th Circuit Court of Appeals Dismisses Lawsuit

October 24, 2016 09:00 /

The article below briefly describes an employment discrimination lawsuit, EEOC vs. Catastrophe Management Solutions, that involved an African American job applicant who wore her hair in dreadlocks and whose job offer was allegedly rescinded because of it. The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that administers and enforces civil rights laws against workplace discrimination. The EEOC argued that banning dreadlocks was racial discrimination because this style of hair is typically associated with people of African descent, taking a position that this is based on an understanding of race as a social construct. Similar cases have been presented before, but courts have interpreted race as a skin color and fixed traits. One of the factors in deciding the case was that every court prior has rejected the argument that Title VII protects hairstyles culturally associated with race. There are laws against race discrimination; Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. An EEOC spokeswoman stated, “We believe the court was incorrect when it held that the employer’s actions could not be proven to be race discrimination. We are reviewing our options.” If you are experiencing problems at work, such as racial prejudice or racial harassment, consider contacting a labor lawyer today. Attorneys at the Bullman Law Firm in Kansas City, Missouri may be able to help you.

Link: http://www.essence.com/2016/09/20/judge-ban-dreadlocks-workplace-discrimination

Source: By Sydney Scott; From Essence

Posted in: Discrimination, EEOC, Lawsuit / Tagged: , , , , , , ,

Confronting Tough Issues in the Workplace

September 9, 2016 03:00 /

Racism in the workplace and how to prevent discrimination are part of the central issue of racial discrimination in America that is frequently discussed by the public, but are employers taking the right steps to stop racial discrimination on the job? Unfortunately, some companies avoid discussing topics like racial inequality or harassment at work. There are numerous ways employers can address mistreatment at work, such as implementing and enforcing a zero tolerance policy, emphasizing the importance of reporting discrimination in employment, protecting employees from retaliation, and encouraging conversations about diversity. Workers have rights, but may not always know who to contact when experiencing harassment or discrimination. A labor lawyer may be able to help you better understand your rights. Please consider contacting an attorney at the Bullman Law Firm, in Kansas City, Missouri today.

Link: http://www.huffingtonpost.com/stephanie-r-caudle/race-in-the-workplace-how-to-eliminate-the-elephant-in-the-room_b_11644754.html

Source: By Stephanie R. Caudle; From The Huffington Post

Posted in: Discrimination, Kansas City, Missouri, Preventing / Tagged: , , , , , , , , ,

Workplace Bullying, Harassment, and Violence: When to Report?

July 18, 2016 09:00 /

Workers can find themselves in a difficult position when they witness or become aware of other employees exhibiting potentially threatening behavior. This raises questions such as what harassment is, whether to report it, and if so, to whom? Employers have an obligation to employees to prevent harm from happening and to foster a place of employment free of harassment, discrimination, and retaliation. Employees should feel they can report worrisome behavior that should be investigated, but often fear retaliation. Harassment at work and other forms of mistreatment, such as discrimination or threats of violence are very serious issues that employers must properly address, investigate, and correct. Contacting a law firm or consulting with a lawyer can help workers better understand their rights, protections, and laws against discrimination. The article below details one Kansas City employment law attorney’s insight on the topic and a description of a Jackson County case involving violence at a work site and how it could have been prevented. If you are experiencing similar mistreatment on the job, please consider contacting the Bullman Law Firm today.

Link: http://www.kansascity.com/news/business/article86848547.html

Source: Diane Stafford; From The Kansas City Star

 

Posted in: Employment, Harassment, Jackson County, Kansas City, Preventing / Tagged: , , , , , , ,

Job Offer Rescinded: Discrimination?

February 1, 2016 09:00 /

An orthodontic assistant applied for a position at a Minnesota orthodontic office, was offered the position, and accepted. Upon acceptance of the position, she disclosed her pregnancy when asking about maternity leave. The orthodontist rescinded the job offer and the applicant sued, alleging pregnancy discrimination. The pregnancy discrimination case has since concluded and is a reminder to employers that there are restrictions on information they can legally ask an applicant.

Link: http://www.businessmanagementdaily.com/45431/rescinded-job-offer-amounted-to-pregnancy-discrimination#_

Source: By The HR Specialist; From Business Management Daily

 

Posted in: Discrimination / Tagged: , , , ,

Avoiding Discrimination in Job Ads

July 17, 2015 09:00 /

The wording used in job advertisements is important. State and federal laws protect workers from employment discrimination based on a protected class. These protections extend to job applicants as well. Typically, a discriminatory job advertisement is easily spotted, if it is seeking applicants of a specific gender or race. New terms such as ‘digital native’ may be less specific but still discriminatory, potentially deterring older applicants from applying for the position. ‘Digital native’ generally refers younger individuals who, from an early age, have been exposed to digital technology, as opposed to older workers who would have learned it later in life. Employers should specify the skill sets they are looking for and not use labels, which can contribute to discriminatory hiring practices.

Link: http://www.montereyherald.com/opinion/20150709/sara-boyns-workplace-law-avoiding-discrimination-in-job-postings

Source: Sara Boyns; From Monterey Herald

Posted in: Discrimination, Preventing / Tagged: , , , , ,

“Male Help Wanted” ?

March 13, 2015 09:00 /

Hiring signs, like “Male Help Wanted” may be controversial, but not necessary illegal. Is this discriminatory? It may depend on who you ask, but what matters is the number of employees the business has. As described in the article below, this hiring sign was displayed by a small flag store in New Orleans, run by two owners and zero employees. Federal law prohibits employment discrimination based on race, color, religion, sex, or national origin. However, this only applies to companies that have 15 or more employees. This number may vary by state and is one protection given to small employers from governmental regulations. But even small employers need to remain aware of federal and state laws to ensure they are not engaging in discriminatory practices. While the sign “Male Help Wanted” could appear as discrimination based on sex, the flag shop using the sign is too small in terms of employee size for it to be illegal. The argument that remains is although something may not technically be discriminatory, should it be gender neutral and instead display “Help Wanted-Heavy Lifting Required”? The woman in the article complained to the owners about the sign and suggested a change of wording was unable to file a complaint with the Equal Employment Opportunity Commission (EEOC) since she had not applied and been denied the job.

Link: http://www.nola.com/business/index.ssf/2015/02/magazine_street_sign_sex_discr.html

Source: Jennifer Larino, NOLA.com; From The Times-Picayune

 

Posted in: Discrimination, EEOC / Tagged: , , , ,

Age Discrimination: Against Applicants and Employees

September 17, 2014 09:43 /

The recession affected older workers. Age discrimination occurs while an older employee is still working. Age discrimination also occurs during the job application process. While many employees were laid off and lost their jobs during the recession, older employees often were the first to be let go. The age discrimination continues when these employees try to regain employment but find they are unable to obtain another job. They find that potential employers overlook their experience, consider them outdated and discriminate against them due to their age. In the workplace, a variety of common signs may indicate your employer, supervisor or a coworker discriminates against workers based on their age. Older employees, including yourself, may be subjected to verbal harassment and witness younger employees being treated with favoritism or special treatment. Other signs of age discrimination are seen in the termination of older employees who are then replaced by younger workers. Upon reporting discrimination, workers often fear retaliation and may choose to contact the EEOC or an attorney. The law protects employees from retaliation for reporting age discrimination.

Link: http://jobs.aol.com/articles/2011/05/17/top-signs-of-age-discrimination/

Source: Donna Ballman; From AOL jobs

Posted in: Discrimination, EEOC, Harassment, Retaliation / Tagged: , , , , ,

Good Changes for State Workers

August 22, 2014 15:04 /

Workers who need to extend their short-term leave for medical or disability reasons often have few options. One worker for the Colorado Department of Transportation was still in the hospital when his employer sent a letter to his home that he never received. This letter stated he was approaching the deadline for short-term disability. Once he left the hospital and went back to work, his job was gone. His case was based on wrongful termination due to the leave he took because he has Parkinson’s disease.

Employers cannot discriminate against employees who have a disability. Even though over a year has passed, he is still fighting the uphill legal battle that many employees who experience discrimination are put through. Employers and even the state try to drag out the case over time and run up legal fees that many workers cannot afford. A new law hopes to lessen such unfair practices; preventing employers from continuously having the upper hand in discrimination cases is good in the eyes of some, but not all. One view is that legal fees help prevent workers who seek a lawsuit hoping for a quick payout. The focus of this new law is to make the process of filing a claim of discrimination more reasonable for the workers. High attorney fees can stop state employees from filing claims. This is unfair for employees who do not make high enough salaries that can support attorney fees that accumulate throughout the discrimination lawsuit. However, large employers may have few if any limits on their attorneys’ fees in such discrimination cases. After the passing of this new law, employees have a better chance of recouping attorney fees and seeking punitive and compensatory damages. Under the Missouri Human Rights Act, victims of discrimination, harassment and retaliation may be compensated with their attorney fees by a Court, if the Court rules discrimination, harassment or retaliation occurred.

Source: Jordan Steffen; From The Denver Post

Link: http://www.denverpost.com/news/ci_26355607/new-law-could-give-state-employees-edge-fighting

Posted in: Discrimination, Harassment, Lawsuit, Missouri, Preventing, Retaliation / Tagged: , , , ,