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

Posted on May 23, 2018 by Elaine I. Hogan

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 by Elaine I. Hogan

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 by Elaine I. Hogan

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 by Elaine I. Hogan

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 by Elaine I. Hogan

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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Failing to Keep Time Records Can Come Back to Bite You

Posted on April 18, 2018 by Elaine I. Hogan

The Situation: An employer treats all employees it calls “managers” as exempt under the FLSA and so does not keep any time records for them.  If these employees later bring an action for unpaid overtime and a court agrees they were improperly classified as exempt, how could the employer’s inability to produce time records affect the case?…

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Can You Stop an Employee from Signing Emails “In Christ”?

Posted on April 11, 2018 by Elaine I. Hogan

The Situation: An employee for a state agency adds the phrase “In Christ” to his email signature.  The state agency tells him to stop and he eventually loses his job based on his refusal to stop using this phrase in his email valediction.  Can the employee bring a claim of religious discrimination?…

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Is it Discrimination to Call Someone a Psycho?

Posted on March 28, 2018 by Elaine I. Hogan

The Situation: An employee is a veteran who suffers from PTSD.  His supervisor refers to him as a “psycho” to some of his co workers on a number of occasions. Could this constitute discrimination?…

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Can Ability to Work Overtime Be an Essential Function of a Job?

Posted on March 21, 2018 by Elaine I. Hogan

The Situation: An employee’s medical condition prevents him from being able to work overtime.  If the employer terminates him as a result, could this be disability discrimination?…

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Workplace Harassment Reporting—Is There an App for That?

Posted on March 14, 2018 by Elaine I. Hogan

The Situation: According to the EEOC and other sources, a large majority of all workplace harassment goes unreported.  Perhaps this is because employees don’t feel comfortable reporting workplace harassment.  But perhaps it is also because employers don’t always ask the right questions or utilize the best information-gathering methods. So how can artificial intelligence be used to address this issue?…

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