Category Archives: Employment
Vaccination Requirements And Your Religious Freedom
The requirement to be vaccinated–or the ability of an employer to require you to be vaccinated–certainly varies from state to state, but most states have vaccine exemptions for religious beliefs. This is to avoid conflict with the 1st amendment right to freedom of religion, as well as to avoid discrimination based on federal and… Read More »
Does Your Employer Have To Accommodate You If You Have Fibromyalgia?
Fibromyalgia is a disease or condition that is not often understood, especially by employers. If you have been diagnosed with fibromyalgia, you may need accommodations at your workplace. Does your employer have to prove those accommodations to you? What is Fibromyalgia? Fibromyalgia is often a condition that is diagnosed when someone has symptoms, but… Read More »
Pretext Is A Common Defense In Employment Discrimination Cases
Imagine that you are a female employee in an office. The other employees often make jokes that degrade women, or tease women. They often tease you about your abilities, based on your being a woman. One employee asked you on a date a few weeks ago; you rejected him, and now there seems to… Read More »
Your Employer May Have To Pay You For Break Times
The Fair Labor Standards Act (FLSA) is a law that requires that employers pay workers for hours that they work, and that the employers pay overtime for hours worked that exceed 40 hours a week. The FLSA doesn’t apply to everyone, but if it covers you (or did so in a previous job), there… Read More »
Working From Home? Don’t Forget These Legal Considerations
One thing that many employees enjoyed during the COVID related shutdowns, was the ability to work remotely, from home. Although it is now over two years since the worst of COVID, many jobs are still allowing employees to work from home. But when you work from home, there are many legal issues to consider…. Read More »
Who Is-And Isn’t Protected By The FLSA?
The Fair Labor Standards Act (FLSA) is a powerful law that requires employees be paid for their time. Additionally, should those workers work more than 40 hours per week, employees must be paid the federally required overtime payment rate. The employee can sue for recovery of back owed wages, as well as penalties, if… Read More »
What Is A Hostile Work Environment?
When we talk about harassment in the work place or discrimination, we often think of acts that are directed towards you, the employee. Someone makes a rude comment to you that is sexually or racially charged, or someone uses a slur or insult that has to do with your disability. But what if none… Read More »
Angry Employer Pays In Pennies, Then Gets In Deep Legal Trouble
Have you ever had a bill, or a fine, and been so angry that you had to pay it, that you thought about paying it all in pennies? Just back up a truck of pennies and dump it on someone’s lawn or in their office, just to be spiteful? Well, one employer, angry at… Read More »
Workplace Discrimination Based On Hairstyle, Looks Or Culture: Is It Legal?
Many of us already know that it is illegal to discriminate on the basis of race. But what is race? It may sound like a silly question, but can an employer discriminate on the basis of race, even though they are discriminating on something that is only indirectly related, or which “signals” a given… Read More »
What Is Disparate Impact Discrimination?
Sometimes, employers break the law when they specifically single out an employee or a class of employees and discriminate against them. But other times, an employer can break the law when it discriminates by instituting a policy that excludes or discriminates against someone unintentionally. What is Disparate Impact? This is called disparate impact. Disparate… Read More »
