The United States Supreme Court has agreed to review the question of whether an oral complaint of a violation of the Fair Labor Standards Act (FLSA) is considered “protected” conduct under that statute’s anti-retaliation provision. Section 215(a)(3) of the FLSA states, in part, that it is unlawful for an employer to discharge or […]
In 1975, the United States Supreme Court held that Section 1981 applies to employment contracts. In 1991, the statute was extended to track Title VII’s prohibition of discrimination in the terms and conditions of employment. As a result, Section 1981 now covers all aspects of the employment relationship, including its creation and termination. It
INDEPENDENT CONTRACTORS ABLE TO SUE FOR RACE DISCRIMINATION? Read More »
Whether to classify a worker as an independent contractor or an employee is a critical decision, one which affects many different aspects of the company-worker relationship. For example, an employee can sue an employer for unlawful workplace discrimination under federal anti-discrimination statutes, but an independent contractor may not. In addition, an employee may be
INDEPENDENT CONTRACTOR V. EMPLOYEE Read More »
As part of a settlement agreement, the Arkansas food giant Tyson Foods has agreed to pay 3,000 workers at one of its facilities the sum of $500,000.00 in unpaid wages. Under the settlement agreement, Tyson also agreed to compensate poultry processing workers at all of its plants for the time they spend putting on and
TYSON SETTLES PAY DISPUTE Read More »
Last month, the Second Circuit Court of Appeals, which has jurisdiction over Connecticut, New York and Vermont, ruled that a company’s failure to investigate a complaint of alleged employment discrimination cannot be considered retaliation for the filing of that same complaint. The plaintiff, Ms. Cynthia Fincher, worked as a senior auditor for the Depository Trust