If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?
The Situation: A worker enters into an independent contractor agreement with a company to provide some general maintenance work. But then after the worker is injured in an accident, he claims he is entitled to disability benefits as an employee of the company, along with some unpaid overtime. Is there any way for him to make such a claim?…READ MORE
Could Pre-Employment Strength Testing Equal Discrimination?
The Situation: Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test. If this ends up weeding out more women than men, could this be discriminatory?…READ MORE
Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?
The Situation: A company implements a policy under which any employee must be 100% healed from any medical condition before returning to work. Is this lawful?…READ MORE
Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?
The Situation: An employer has talked with an employee about possibly putting him in a new sales position. Before that can happen, the employee develops a medical condition which necessitates him being out of work for a month and taking FMLA leave. When he returns, he informs the employer that he will not be able to travel for a period of time. The employer then decides not to put him in the new position and ends up eliminating the position he is in. Could the employee make a claim of FMLA retaliation?…READ MORE
Is Calling Someone “Boy” Discriminatory?
The Situation: A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII. Can calling him “boy” support such a claim?…READ MORE
Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential
The Situation: An employer decides to settle a claim brought by an employee under the FLSA for unpaid overtime. The employer would like to keep the settlement confidential—is that okay?…READ MORE
Is a No-Spanish Policy Discriminatory?
The Situation: A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers. At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break. Does this constitute national origin discrimination?…READ MORE
Can Straight Employee Bring a Claim for Reverse Discrimination?
The Situation: A heterosexual employee posts an anti-LGBTQ comment on Facebook. She claims that after learning about this post, her supervisor, a member of the LGBTQ community, begins treating her differently and ultimately fires her. Can she bring a claim of discrimination under Title VII?…READ MORE
Just What is a “Suitable Space” for a Nursing Mother?
The Situation: An employee returns to work after having a child and requests that she be provided with a place to express breastmilk. The law mandates that employers provide employees with suitable space and time for nursing—but what exactly does this mean?…READ MORE
Can Setting Pay Based on Prior Salary Equal Discrimination?
The Situation: An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination?…READ MORE