Employment Law Blogs | Barrett & Farahany

Helping employees find justice in eleven states with offices in Illinois, Georgia, and Alabama.

EEOC Sues FedEx Ground for Institutional Disability Discrimination
13Oct

EEOC Sues FedEx Ground for Institutional Disability Discrimination

The United States Equal Employment Opportunity Commission (“EEOC”) has filed suit against the shipping company FedEx Ground Package System, Inc., (“FedEx Ground”) claiming that the employer violated federal law nationwide by discriminating against a large class of deaf and hard-of-hearing package…

Pregnancy Discrimination and Light Duty – Hope on the Horizon?
09Oct

Pregnancy Discrimination and Light Duty – Hope on the Horizon?

In a blog post last month, I discussed the dilemma of the pregnant employee whose medical restrictions (i.e. not being allowed to lift something heavy) prevents her from doing something her employer considers the central function of her job. Is that employee out of a job? Can it be that her only…

A New First for the EEOC
07Oct

A New First for the EEOC

A couple of weeks ago, the EEOC filed its first ever lawsuits over alleged sex discrimination against transgender individuals. In both lawsuits, transgender workers were fired for being transgender and not conforming to the employer’s gender-based expectations. Both cases involve employees who we…

FLSA violations in the Oil and Gas Industries
01Oct

FLSA violations in the Oil and Gas Industries

Recent U.S. Department of Labor (“DOL”) investigations into the oil and gas industry have uncovered an alarming trend of companies underpaying workers, many of whom perform high-risk jobs, in violation of the Fair Labor Standards Act (“FLSA”). These violations seem particularly egregious when you…

Meet the Barrett and Farahany Team
30Sep

Meet the Barrett and Farahany Team

Meet Linda Petmecky!
Linda joined Barrett & Farahany, LLP as an Administrative Assistant in 2010 and is now a Litigation Paralegal. Linda was born and raised in Atlanta and graduated from Emory University with a degree in Economics. She has four kids who share a great enthusiasm for SEC football…

This Week in Employment Law
19Sep

This Week in Employment Law

Here’s some of what happened this week in the employment law world!
Pregnancy Discrimination, Special Delivery – Pregnancy Discrimination is a hot topic in employment law news today. Now SCOTUS will hear Young v. United Parcel Service this December after Judge Alisson Duncan found no evidence o…

Pregnancy Discrimination and Light Duty
17Sep

Pregnancy Discrimination and Light Duty

Being pregnant is difficult, occasionally frustrating work! One of the frustrations that comes with being pregnant is the physical limitations such pregnancy imposes. For instance, doctors often order pregnant women to not lift anything over a certain number of pounds. What can you do if your job…

Oakland Raiders Agree to Pay Their Raiderettes
16Sep

Oakland Raiders Agree to Pay Their Raiderettes

Fall is here, bringing cooler temperatures and the start of football season. Cheerleaders, who traditionally yell for their teams on the sidelines, have now started to speak out against their employers for committing illegal wage theft in courtrooms around the country. Last week, the Oakland Raid…

A Victory for the Employee Thanks to the Fair Pay and Safe Workplaces Executive Order
08Aug

A Victory for the Employee Thanks to the Fair Pay and Safe Workplaces Executive Order

Employees had a victory this week over employers who are forcing employees to give up their 7thAmendment right to a jury trial. Many employers are requiring employees to give up this Constitutional right, just to be able to have a job, and requiring arbitrators – lawyers paid by the company – to…

LGBT Community Gains Ground on the Employment Equality Front
04Aug

LGBT Community Gains Ground on the Employment Equality Front

President Obama made headlines when he enacted an executive order last Monday (7/21) making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity in hiring. This executive order is one modifying Executive Order 11246, signed by President Lyndon B…

Women Penalized for Promoting Women – Another Victory for the White Man
04Aug

Women Penalized for Promoting Women – Another Victory for the White Man

Is promoting equality a liability for the workplace? According to one University of Colorado study, unless you’re a white man, the answer to that question is “yes.”
David Hekman, an author of the study and assistant professor of management at University of Colorado’s Leeds School of Business, ha…

What’s hot in the Employment Law world? Check out the articles below!
04Aug

What’s hot in the Employment Law world? Check out the articles below!

Pregnancy Discrimination: For the first time in 30 years, effective immediately, the Equal Employment Opportunity Commission issued new guidance on how employers must treat and accommodate their pregnant employees, this includes dads! Click below see what all the hype is about! The Guidance | …

The Work/Life Balance – Are There Employment Laws That Protect It?
28Apr

The Work/Life Balance – Are There Employment Laws That Protect It?

For any working parent, it’s hard to maintain the coveted work/life balance. It doesn’t matter if you manage a fast food restaurant or a multi-billion dollar corporation – the ability to fit everything you need to in a 24-hour day is harder than ever before.
The majority of companies don’t make …

Gender Discrimination and Sexism in the Technology Industry
21Apr

Gender Discrimination and Sexism in the Technology Industry

Old-School Sexism in a High-Tech Industry
Leaders like Marissa Mayer of Yahoo! and Sheryl Sandberg of Facebook have made an incredible impact on the high-tech industry and are admired for their accomplishments by men and women alike.
Yet, their positions in the industries are the exception. Sex…

Can You Exchange Overtime for Comp Time?
08Apr

Can You Exchange Overtime for Comp Time?

You’ve been working hard on a project for your company, putting in 48 hours instead of the standard 40-hour workweek.
To thank you, your manager gives you a day off in comp time the following week so you can spend time with your family. While the act appears to be one of generosity, in fact, it …

Discrimination Based On A Worker’s Health Care Choice
03Apr

Discrimination Based On A Worker’s Health Care Choice

Protecting Whistleblowers Who Report Affordable Care Act Violations
The Affordable Care Act (ACA), otherwise known as Obamacare, reduces healthcare costs for American workers by abolishing dollar limits on health benefits, eliminating preventative care co-pays and deductibles, and capping out-of…

If You Have a Prescription for Medicinal Marijuana, Can You Be Fired for Failing the Drug Test?
01Apr

If You Have a Prescription for Medicinal Marijuana, Can You Be Fired for Failing the Drug Test?

The conversation surrounding the rights of employees engaging in legal conduct off-premises has expanded from an era of considering the use of...

New California Overtime Mandates Threaten Home Care Providers and Their Patients
31Mar

New California Overtime Mandates Threaten Home Care Providers and Their Patients

Each year, more than 12 million Americans receive care at home temporarily or permanently because of an illness, injury or condition. These individuals are cared for by more than two million home care employees nationwide who perform every duty from providing medical care to cleaning the patient…

How You Are Fired Is Just As Important As Why You Were Fired
31Mar

How You Are Fired Is Just As Important As Why You Were Fired

When employees knowingly take shortcuts that put a business and its employees at risk, their employer has every right to reprimand or even fire them for their actions. However, the company must follow the same baseline procedures for every employee in the organization to avoid possible litigation…

Big Lots Fires Employee for Taking Protected FMLA Leave and Pays the Price
18Mar

Big Lots Fires Employee for Taking Protected FMLA Leave and Pays the Price

Imagine the fear and distress you would experience caring for your seriously ill or injured child. On top of the worry you feel day after day as you watch him suffer, your employer reprimands you for taking time to be by his side.
TheFamily and Medical Leave Act (FMLA) gives a worker the right …

Obama Pushes for Changes in Overtime Pay Qualifications
17Mar

Obama Pushes for Changes in Overtime Pay Qualifications

In fast food restaurants, convenience stores and manufacturing facilities, salaried employees are working more than 40 hours a week without receiving the benefits of overtime pay to which they’re entitled. In fact, they’re making less per hour than the employees they “supervise” and less than min…

Protecting Americans’ Rights to Sue for Workplace Discrimination
10Mar

Protecting Americans’ Rights to Sue for Workplace Discrimination

The right of American workers to fight against discrimination and harassment in a court of law is now more protected than ever thanks to a landmark ruling by the U.S. Court of Appeals for the Seventh Circuit.
According to Title VII of the Civil Rights Act of 1964, employees may sue their employ…

Obesity IS a Disability
04Mar

Obesity IS a Disability

In the U.S., 35.7 percent of adults are obese. For those who struggle with obesity, the impairments can be considerable. Individuals may have trouble walking up steps and standing for long periods of time, not to mention joint and muscle pain. Working can be a struggle when appropriate accommodat…

Your Company’s FMLA Violations Could Affect Your Career
20Feb

Your Company’s FMLA Violations Could Affect Your Career

If you’re having a baby, recovering from a surgery, or preparing your spouse for military leave, you may be covered under the Family and Medical Leave Act (FMLA). If you qualify, you can take up to 12 weeks unpaid leave in a 12-month period to care for your family – or yourself – and rest assure…

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