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Beware of Worker Misclassification with Subcontractors
Have you been incorrectly classified as a contractor? If you work in the construction industry for subcontractors either by taking on jobs when they need you or working full-time, beware of how they classify you. The job title they assign you could mean less money in your pocket and if you are misclassified as an…
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New Study Finds Employers Not Hiring Women due to FMLA
FMLA Raises Issues with Gender Discrimination in Workplace Has the Family & Medical Leave Act changed the way employers hire? The Family & Medical Leave Act (FMLA) was enacted in 1993 in order to secure the right for employees to take leave and care for a sick or newborn family member or for an employee’s…
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Walmart sued for treatment of cancer survivor
The Equal Employment Opportunity Commission has sued Walmart for disability discrimination and harassment, saying that the retailer failed to provide reasonable accommodations to a cancer survivor. The employee worked at a Walmart store in Illinois and had been disabled by bone cancer. According to the EEOC, the Walmart store initially agreed to allow the employee…
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Cheerleaders gaining more employment law protections
A bill is on its way to the California governor’s desk that would classify football and basketball cheerleaders as employees and require their teams to pay them at least minimum wage. The bill would also require overtime pay and sick leave for professional cheerleaders in California. The bill was pitched by a former college cheerleader…
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FMLA’s New Definition of Spouse Halted in Four States
United States v. Windsor Marriage Act Called into Question in Some States Do you live in a state that supports the Defense of Marriage Act? If you applauded the Supreme Court’s decision in United States v. Windsor — the recent hearing and argument over the Defense of Marriage Act (DOMA) — and wondered what that…
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LGBT employment protection next major goal
Gay marriage is a fundamental right, protected by the U.S. Constitution and legal in all 50 states thanks to the 5-4 U.S. Supreme Court decision in Obergefell v. Hodges, announced June 26. With this landmark decision behind them, many gay rights advocates are talking about the next major goal: employment protection for people in the…
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Find Out if You’re Covered by the Family Medical Leave Act
Are you entitled to protection under the the Family and Medical Leave Act? The Family and Medical Leave Act (FMLA) provides that covered employees have a right to return to their jobs after approved, eligible leave. Employees who are eligible for protected FMLA leave may take up to 12-weeks unpaid leave during a 12-month period.…
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6 Simple Rules for Determining When You Get Paid for Work Travel
Does your work require you to travel? Time spent traveling for work during normal hours is compensable, according to the Fair Labor Standards Act. But what about time traveling after work or during overnight stays? The following guidelines can help clarify when an employee should be paid for traveling: Time spent traveling from home to…
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Obama Administration’s New Overtime Rule To Help Low-Paid Managers
President Obama announced this week a new rule that will make millions more workers eligible for overtime pay. Currently, employees who make $23,660 a year ($455 a week) or more do not have to be paid overtime if they are classified as exempt salaried or managerial workers. That covers many fast-food restaurant managers and people…
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Is obesity a disability protected by law?
A Nebraska man has appealed a lower court’s decision that his obesity is not a physical impairment protected by the Americans with Disabilities Act (ADA). Melvin Morriss III maintains he was denied a job because of the current and future impairments the company associated with his weight. In May 2011, Mr. Morriss, whose body-mass index…
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