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If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?

Posted on June 27, 2018

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?…

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Could Pre-Employment Strength Testing Equal Discrimination?

Posted on June 20, 2018

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?…

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Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?

Posted on June 13, 2018

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?…

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Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?

Posted on June 6, 2018

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?…

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Is Calling Someone “Boy” Discriminatory?

Posted on May 30, 2018

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?…

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Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential

Posted on May 23, 2018

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?…

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Is a No-Spanish Policy Discriminatory?

Posted on May 16, 2018

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?…

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Can Straight Employee Bring a Claim for Reverse Discrimination?

Posted on May 9, 2018

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?…

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Just What is a “Suitable Space” for a Nursing Mother?

Posted on May 2, 2018

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?…

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Can Setting Pay Based on Prior Salary Equal Discrimination?

Posted on April 25, 2018

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?…

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