On October 8, the Supreme Court of the United States will hear arguments regarding whether time spent by Amazon employees going through security checkpoints after clocking out is compensable under the Fair Labor Standards Act (FLSA).
A second county employee has filed a claim with the Equal Employment Opportunity Commission and plans to file suit against Montgomery County claiming Montgomery County Commissioner James Noack discriminated against her due to her age.
On August 29, 2017, a Parzivand Law Firm client received a landmark decision from the Administrative Review Board of the Department of Labor. The client had worked on Bagram Air Base in Afghanistan and was allegedly terminated in retaliation for reporting fraudulent activities of his company.
The EEOC issued the following guidance on December 14, 2016 for employees and applicants with mental health conditions entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” Excerpts of the guidance are quoted below.
The ADA was established to ensure that individuals with disabilities are not discriminated against. The ADA does not specifically list out disabilities that are covered; instead the ADA defines disability as, “a physical or mental impairment that substantially limits one or more major life activities…” The ADA also prohibits discrimination based on perceived disabilities that are thought to impair a ...
The California Labor Commission recently determined that an Uber driver was an employee rather than an independent contractor, generating national headlines today. In essence, the California decision states that Uber is a taxi service, and that the drivers of a taxi service are employees under California law, because they are integral to the service the taxi service performs.
In Speed v. Wes Health System, a Pennsylvania Plaintiff survived dismissal of her suit for retaliatory discharge after she defended herself against a coworker who allegedly sexually harassed her for thirteen months. The employer Wes Health System (“WES”) fired both the harasser and Speed after she struck the harasser on the side of his face when he touched her leg ...
In Miller v. Johnson & Johnson, a Florida case, Miller successfully brought a claim under the Fair Credit Reporting Act (FCRA) against his prospective employer. The Fair Credit Reporting Act is intended to provide prospective employees protection from false information found in their criminal background reports.
Lumber One hired three employees and titled them as managers of the company’s lumberyard. The company classified these employees as executives, and accordingly paid them on a salary basis without overtime compensation. During their employment with the company, the employees performed various duties including assembling shelves and stocking merchandise, and helping load trucks.
Proving yet again that an actionable harassment claim has to be based on a protected characteristic, an appeals court dismissed the claims of a male employee whose male supervisor allegedly squeezed his nipples and the nipples of several male co-workers.