What is the Value of My Discrimination Claim?
This is one of the most common questions for those who want to file an employment discrimination claim. What is the value of my discrimination claim? Naturally, clients always want to know how much they can expect to recover in damages if they file a claim against their employer. Since each case is unique and is based on a number of specific factors, the short answer to this question is, “it depends”.
Sexual Harassment: 6 Things you Should Know
Sexual harassment in the workplace is prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment: 6 things you should know. This would mean any type of unwanted sexual conduct at work, including verbal harassment, intimidation, unwanted touching, requests or demands for sex, or outright assault. It is also illegal for an employer to retaliate against an employee for filing a sexual harassment claim or for participating in an investigation or providing witness testimony as part of a claim filed by another employee.
New Overtime Rules Go Into Effect in 2020
As of January 1, 2020, the rules are changing regarding employees who are considered exempt from overtime pay. New overtime rules go...
Bombshell Isn’t Just a Movie: Sexual Harassment Is Real
Bombshell Isn’t Just a Movie: Sexual Harassment Is Real
Is Telecommuting a Reasonable Accommodation under the ADA?
The Americans with Disabilities Act (ADA) requires employers to make “reasonable accommodations” for employees who have disabilities. Is telecommuting a reasonable accommodation under the ADA? A reasonable accommodation would usually come in the form of providing some extra assistance or alterations to a job or workplace in order to enable the employee to perform his/her work. Employers are required to provide this type of accommodation unless doing so would pose an “undue hardship” on the organization.
Holiday Retail and Overtime Pay Violations
The holiday season is a “make it or break it” time for retailers. “Black Friday” is named as such because the Friday after Thanksgiving is the day when retailers hope to be “in the black” for the year. Holiday retail and overtime pay violations. This is definitely the busiest time of the year in the malls and shopping centers, and it is also the time when retail employees put in lots of overtime.
Women’s Business Daily: Are You Receiving All the Pay the Law Says You’ve Earned?
Work takes up a lot of time. In accepting a job, you make an inherent agreement with your employer to provide your time and skills in exchange for a particular rate of pay. But what happens if you work overtime? And, when you do, are you getting all the pay you’re entitled to receive?
Are Cross-Generational Insults like “OK, Boomer” OK at Work?
We are all too familiar with the cross-generational insults being tossed back and forth between various age groups intolerant of each other’s ideology, but are dismissive retorts such as “OK Boomer” and “OK Millennial” really appropriate exchanges to have in a professional workplace?
‘Tis the Season – What You Should Know About Work-related Holiday Events
We here at Barrett & Farahany hope your holiday season is happy and trouble-free, but if you find yourself a target of sexually harassing behavior, please don’t hesitate to reach out to us. One of our experienced attorneys will welcome your call and will help you determine what steps you should take to protect yourself and your job.
Rentals & Housing Discrimination: What Kind of Housing Discrimination is Illegal in Alabama?
Under the federal Fair Housing Act of 1968, housing discrimination is illegal if it is done based on one of the following:
Think You’re About to Be Terminated?
In an at-will state (most are), the hard truth is that none of us are entitled to our jobs, but we are entitled to legal protections at work in certain circumstances. If one of the protected issues is involved in the mistreatment or retaliation, then complaints (whether made internally or lodged with the EEOC) that allege protected issues are involved are protected complaints for which the employee cannot legally be retaliated against or terminated.
CBD & the ADA: Am I Protected?
Even though there is still quite a bit of leeway for employers to terminate with abandon in an at-will state (which most states are), there are some circumstances where CBD-related terminations may give rise to claims against the employer or the drug-testing company.
Over 40 & Considering Severance? Know Your Rights Before You Sign That Release
In addition to protection from age discrimination by the Age Discrimination in Employment Act (ADEA), workers who are over 40 and considering a severance package have safeguards under the Older Workers Benefit Protection Act (OWBPA). If an agreement includes release of age discrimination (ADEA) c…
I Believe I was Not Hired Because of My Age, What Can I Do?
As the population gets older, age discrimination is becoming more common among employers. There is no doubt that ageism is real, but it is not something that you should have to tolerate. If you believe you are not being hired because of your age, there are avenues available for which to obtain legal relief, which may include monetary damages. This may involve filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC) as a prelude to filing an age discrimination lawsuit against the employer. These types of cases can be difficult to prove, however, so your first step should be to speak with an experienced employment law attorney in your state to find out what kind of case you have.
Gossip and Rumors at Work: Not as Harmless as You Might Think
Amanda Farahany is featured in Women’s Business Daily this week on the the legal implications of workplace gossip.
Bullying in the Legal Workplace
Bullying has always been a major issue among school kids. And from old-fashioned schoolyard bullying to cyber-bullying, the topic of bullying in schools has been widely discussed, debated, and in many cases, acted upon in recent years. What is not talked about as much is bullying in the workplace, and in particular, the legal workplace.
What Women Need to Know About Equal Pay Claims
Pay discrimination claims can be brought under Title VII or the EPA, or both, but there are strategic features of each that must be considered. EPA claims left to languish during long EEOC investigations may be lost forever. If you believe you have an equal pay claim, talk with an attorney sooner rather than later so that you don’t risk losing any rights.
Are There Legal Reasons Why a Landlord Can Reject a Potential Tenant in Alabama?
Tenants (both prospective and current) are legally protected from various forms of discrimination under the federal Fair Housing Act. Alabama does not have a state Fair Housing Act, so tenants in the Yellowhammer State must look to the federal Act for protection. Although tenants have protection from certain types of discrimination, there are some legal reasons why a landlord can reject them.
Can I Be Forced to Participate in Tip Pooling?
The short answer is yes. Federal law does allow employers to require employees to participate in tip pooling, as long as the tip pool is legal. If your employer has implemented an illegal tip pool, then you are not required to participate in it, and you may also be able to take legal action against your employer. If you suspect that you are being forced to participate in an illegal tip pool, get in touch with an experienced employment law attorney to discuss your legal rights and options.
Sexual Harassment Part 6: Sexual Harassment in the Legal Workplace
In our series on sexual harassment in the workplace, we have looked at several industries that are different from one another but are similar in the fact that far too many of their workers are bullied or harassed because of their gender. In our final installment, we are going to look at sexual harassment in the legal profession.
Sexual Harassment Part 5: Sexual Harassment in the White-Collar Workplace
Previously, we have discussed sexual harassment in the medical industry, hospitality industry, retail industry, and manufacturing industry. Today, we are not going to focus on a particular industry, but on those who typically work in a professional office environment. Another term commonly used to describe this area would be the “white-collar” workplace.
New Federal Law Prohibits Tip-Pooling with Management for All Employers
In many professions, workers depend heavily on tips to earn a livable income. This is especially true in the hospitality industry, where bartenders, waiters and waitresses, delivery drivers, hotel maids, and many others derive the vast majority of their income from tips. Some employers pay less than the minimum wage to employees who earn at least $30.00 per month or more in tips if these employees are able to make up the difference through their tip income, and as long as the employer is in compliance with the Federal Labor Standards Act (FLSA).
Holding Governments Agencies Accountable for Race Discrimination
Each year, tens of thousands of racial discrimination complaints are filed against employers throughout the country. Under federal law, employers with 15 or more employees are not allowed to discriminate on the basis of race or any other protected class. Sadly, more than a century and a half after the civil war, minorities still do not receive equal treatment in the workplace.
Sexual Harassment Part 4 – Sexual Harassment in the Manufacturing Industry
In the first three articles in our series on sexual harassment in the workplace, we have looked at the medical industry, hospitality industry, and the retail industry. This time, we will take a look at another working-class industry that does not receive very much attention with regards to sexual harassment; the manufacturing industry. Like the others we have talked about, women in this industry frequently have to endure a hostile work environment in which they often feel like they have very little recourse when they are being harassed.