Category Archives: Individual Plaintiffs

Does an employer have to pay overtime to employees who work at more than one of the employer’s locations?

Everybody knows that an hourly employee is entitled to 1&1/2 times the regular rate of pay for each hour worked over forty in a week.  But, what about an employee who works more than one job for the same employer?  

For example, say an employee works thirty hours in a week at Job A, and then 20 additional hours at Job B that same week.  Does the employee get paid 10 hours overtime?  What if the jobs pay different hourly rates? How would overtime be calculated then?

The answer can depend on many factors.  If the employee works Job A and Job B for separate, unrelated employers, then neither employer should be responsible for overtime.  But what constitues separate and unrelated can be tricky.  What about an employee who works at two different stores of a retail chain?  Or at a restaurant and office owned by the same company?  What if the employee mows the lawn at the home of his boss on the weekend?

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Executive Compensation, Employment Agreements & Severance Agreements

When you find yourself in the situation of being offered an executive compensation package, an employment agreement or a severance package that requires you to sign a written agreement, you need to seek legal counsel because there may be a number of provisions in the agreement that are not favorable to you.

We are experienced in reviewing and negotiating employment, executive compensation, and severance agreements.  If your employer asks you to sign an employment or executive compensation agreement, we can help you review the terms, and negotiate a more favorable package for you.

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Overtime

The overtime law states that all employees who are not exempt from the FLSA must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek.  Although this sounds like a simple rule, it is far from simple.  In fact, the overtime laws are incredibly complex.  There are a number of arcane rules and broad exemptions that employers often rely on in an attempt to avoid their obligation to pay overtime.  As a result, unpaid overtime is one of the most frequent sources of employee complaints.  Overtime class action cases are one of the fastest growing types of employment litigation in our federal court system.

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Sexual Harassment

What is sexual harassment?

Sexual harassment is probably the most well known form of employment discrimination.  However, many do not know what sexual harassment is.  It is not a single instance of name calling, a request for a date, or a leering look.  Rather, in order to prove sexual harassment, a plaintiff must show that he or she has been subjected to unwelcome conduct that creates a hostile environment based on his or her sex that is sufficiently severe and pervasive to alter the terms and conditions of his or her employment.

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Gender Discrimination

Title VII prohibits discrimination “because of” an employee’s sex.  In other words, your sex cannot play a role in any aspect of your employment, including hiring, transfers, promotions, pay, disciplinary action, suspensions, and discharges.  In addition to Title VII, a related law, the Equal Pay Act (“EPA”) requires that men and women be given equal pay for equal work.

The Pregnancy Discrimination Act (“PDA”) prohibits discrimination on the basis of pregnancy, childbirth and related medical conditions.  Although this does not mean that pregnant women are entitled to special treatment, it does mean that pregnant women must be treated equally to non-pregnant individuals.  For example, if your company gives extra leaves of absence to employees with medical conditions, they must extend this practice to pregnant women.  The Family and Medical Leave Act (“FMLA”) also gives you certain rights if you need a leave of absence for your pregnancy or for the birth of your child.

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Religious Discrimination

Title VII prohibits religious discrimination.  This means your employer may not discriminate against you “because of” your religious beliefs.  This also prohibits harassment based on your religious beliefs as well as retaliation against you for complaining about religious discrimination or for participating in someone else’s religious discrimination case.

The religious discrimination laws have three separate protections:

  • Your employer must make reasonable efforts to accommodate your religious beliefs and practices in the workplace;
  • Your employer may not impose its religious views on you or permit your co-employees to impose their religious views on you; and
  • Your employer may not take adverse action against you (including harassment) because of your religious beliefs.

The duty to accommodate

If you follow a recognized religious faith and your faith requires you to engage in certain practices or wear certain types of clothing while in the workplace, your employer must make reasonable efforts to accommodate you.  This means the employer must allow you to wear a religious head covering or engage in prayers as long as the practice does not place an undue burden on your employer.  Typically, this means your employer must accommodate you unless it would be prohibitively expensive for it to do so or your religious practice would interfere with the operations of your employer’s business or present a safety hazard.

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Disabilities Discrimination

The Americans with Disabilities Act (“ADA”) makes disability discrimination illegal.  The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment.  The ADA also prohibits disability harassment and retaliation against you for complaining about disability discrimination or for participating in someone else’s disability discrimination case.

Not all injuries, illnesses or even medically defined disabilities are covered by the ADA.  The ADA projects a specific class of individuals such as a qualified individual.  A qualified individual with a disability is an individual with any medical, physiological, or psychiatric condition that substantially limits a major life activity.  Temporary conditions or conditions that, although serious, do not substantially limit any of your major life activities are not covered.  For example, permanent blindness or permanent paralysis are medical conditions that substantially limit major life activities.  Thus, blindness or paralysis are covered disabilities.  However, if you have a temporarily disabling condition, such as a bad back or broken leg, you are probably not considered disabled under the ADA.  Remember, the definition of a disability under the ADA is a legal one not a medical one.

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Age Discrimination

The Age Discrimination in Employment Act (“ADEA”) makes age discrimination illegal.  The ADEA prohibits discrimination against individuals over the age of 40.  Like the other discrimination laws, if you are over 40, your employer may not discriminate against you on the basis of your age, and you are also protected from harassment on the basis of your age.

Like the other anti-discrimination laws, the ADEA prohibits any type of adverse action against you because of your age including the failure to hire you or a discharge because of your age. This also includes age harassment, which typically involves hostility or abuse directed at you by other employees because of your age.  The ADEA also prohibits retaliation against you for complaining about age discrimination or for participating in someone else’s age discrimination case.

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National Origin Discrimination

National origin discrimination means treating someone less favorably because he or she is from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background.  National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

National origin discrimination can manifest itself in a number of ways such as English fluency and English-only rules as well as ethnic slurs.  Whatever the basis of the discrimination, your employer may not take adverse action against you because of your national origin.  This also includes harassment such as name calling or abuse because of your national origin.  Also, like the other anti-discrimination laws, the national origin discrimination rules also prohibit retaliation against you for complaining about national origin discrimination or for participating in someone else’s national origin discrimination case.

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Race and Color Discrimination

Title VII prohibits employers from discriminating against their employees “because of” their race or color.  Employers may not take your race or color or your perceived race or color into consideration in making employment decisions.

Race and color discrimination is not always obvious.  Sophisticated employers often engage in race discrimination through subtle practices that tend to screen out minority applicants and employees, such as job and intelligence tests, appearance and dress codes, English-only rules, relying on arrest records in making employment decisions, and discriminatory recruiting practices.

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