Retail giant Target has agreed to pay a $2.8 million fine to settle Equal Employment Opportunity Commission charges that the company used discriminatory processes in hiring. According to the EEOC, Target disproportionately screened out applicants for professional positions based on race and gende...
Two recent victories in federal court highlight the federal government's crackdown on unlawful misclassification of workers as "independent contractors."
Ruling that the so-called "manager rule" has no place in Title VII jurisprudence, the 4th Circuit reversed an order granting summary judgment to an employer who fired their employee for assisting a worker with a sexual harassment complaint.
The Washington Supreme Court ruled that piece-rate compensated farmworkers are entitled to compensation for state-mandated rest breaks that regulations require to be "on the employer's time."
from an agency press release: Winston-Salem Health Care Company Will Pay $48,000 to Settle EEOC Pregnancy Discrimination Lawsuit Company Fired Employee After She Requested Maternity Leave, Federal Agency Charged WINSTON-SALEM, N.C. - Level Four Orthotics & Prosthetics, Inc. has agr...
In a decision that is not binding on courts but potentially entitled to some deference, the Equal Employment Opportunity Commission ruled this week that Title VII's sex discrimination prohibition applies to discrimination on the basis of sexual orientation.
The 4th Circuit Court of Appeals ruled that the employer's response to severe harassment (racist death threats) could be found by a reasonable jury to have been inadequate, where the employer is required to act promptly in a manner reasonably calculated to end the harassment.
New DOL administrative interpretation of the FLSA definition of employee urges an expansive view of the employer/employee relationship in the context of the issue of whether a worker should be classified as an employee or an independent contractor.
Under the Obama Administration's proposed new FLSA regulation, workers who are paid a salary must be paid at least $921 per week to be exempted from overtime.
Federal Employment Law update manuscript covering new SCOTUS and 4th Circuit opinions in detail, and summarizing decisions from other circuits.
The Supreme Court ruled in favor of a hijab-wearing young lady who was denied a job by Abercrombie & Fitch because she did not meet their "look" policy.
The Department of Labor has proposed reducing federal workers' compensation for the majority of injured workers by 5%, citing an undemonstrated incentive for workers to not return to work.
As a result of apparent ongoing collusion between prosecutors and sheriff's deputies to conceal exculpatory and mitigating evidence, the entire Orange County prosecutor's office has been disqualified from a high-profile murder case. Prosecutors are guardians of public trust and are expected to live up to the highest ethical standards. Unfortunately, they can lose sight of their mission of justice in effort to win cases.
By claiming that work-crew inmates who were injured in gas explosion are covered under Workers' Compensation, Fresno County California is seeking to limit its liability.
The Fair Labor Standards Act requires payment of at least minimum wage for every hour worked, and time and a half for each hour worked in excess of 40 in a week. The Act also protects workers from retaliation for asserting their rights under the law. The 2nd Circuit joined other circuits in ruling that an employee's oral complaint alone is sufficient to trigger retaliation protections, reversing an old precedent that required formal filing of a complaint.
Sister Megan Rice, an 80 year old dedicated peace activist, embarrassed the government of the United States by breaking into a high-security nuclear facility and spray painting peace-oriented religious messages. She was arrested and eventually convicted on trumped up sabotage charges after refusing to plead guilty to trespass and destruction of government property charges. Her conviction for sabotage was reversed and dismissed by the 6th Circuit Court of Appeals, which ruled that no reasonable jury could find her guilty beyond a reasonable doubt.
The 4th Circuit Court of Appeals rejected defendant Nucor's argument that Wal-mart v. Dukes shut the door on virtually all class action certifications, citing significant statistical implications that black workers were denied promotions at least partly because of their race.
Misclassification is a pervasive, costly problem affecting the entire economy. The Department of Labor has continued growing its efforts to work with states to reduce misclassification through information sharing and cooperative law enforcement.
The North Carolina Whistleblower Act protects state employees from retaliation on the basis of reporting law violations, fraud, misappropriation of State resources, certain health and safety issues, or gross mismanagement, waste, or abuse of authority.
Noncompete agreements must be reasonable in time, geography, and restricted activity, and their validity should not be assumed.
This article discusses the analysis of a recent 5th Circuit Court of Appeals ruling that marine superintendents do not fit under the administrative worker exemption of the Fair Labor Standards Act overtime requirement.
Women in the workplace won a significant victory at the Supreme Court in Young v. UPS. The Court confirmed the law that pregnant women cannot be denied accommodations based on pregnancy-based ability restrictions, when the employer grants accommodations to other employees with similar restrictions.
An association of restaurant franchisees failed to secure a preliminary injunction against the City of Seattle's new $15/hour minimum wage ordinance that would classify them as large businesses regardless of the actual number of employees at the franchise. #15now
Below is a copy of a promotional release for a solitary confinement reform event coming up in April. The event is sponsored by the ACLU, North Carolina Advocates for Justice, and Stop Torture Now. Edelstein & Payne partner Steve Edelstein is active with Stop Torture Now and will be at the eve...
In a historic first, national-profile senators are introducing legislation that will drastically alter national cannabis policy, including acknowledging the legality of medical use under state law.
