Only attorneys can argue over the narrow construction of the meaning of "clothes" and "time spent in changing clothes … at the beginning or end of each workday" per (29 U.S.C. § 203(o)) of the Fair Labor Standards Act and if a collective bargaining act so provides. This matter was addressed in the recent opinion of Sandifer v. United States Steel Corporation on January 27, 2014 where the parties literally distinguished "clothes" with competing publications of dictionaries. The narrow issue … [Read more...]
A Victory for Clothing! Being paid while donning and doffing work Uniforms becomes clarified
February 5, 2014 by
Who is my supervisor under the law ?
November 19, 2013 by
The Supreme Court this year in the matter of Vance v. Ball State University clarified the ambiguity among the various federal circuits as to the definition of a "supervisor" as applied under Title VII and per EEOC Guidance of the same. Maetta Vance, an African American woman, filed a lawsuit against her employer, Ball State University claiming a racially hostile work environment by Saundra Davis. Under Title VII, the status of the harasser controls the issue vicarious liability of the … [Read more...]
Are staffing employees protected from discrimination under the law?
November 12, 2013 by
In general, an employment agency is defined by Title VII as any person who regularly undertakes to procure employees for an employer, or to procure employment opportunities for an employee; the definition includes an agent of such a person. EEOC Notice Number 915.002 provides public guidance as to issue of whether a staffing employee is protected from discrimination at the workplace that the employee is sent to. The EEOC clearly holds that “staffing firm workers are generally covered under … [Read more...]
What happens if my spouse is fired for my discrimination charge?
November 6, 2013 by
In the course of representing a client whom filed an EEOC charge for sexual harassment in the workplace, she inquired if her husband had any legal rights for potential termination as retaliation against her by the same employer. I was not immediately familiar with third party claims arising out of title VII of the federal code. Thompson v. N. Am. Stainless, LP, 131 S.Ct. 863 (2011) answered the question being that a third party may now prosecute an action for retaliation under title VII. The … [Read more...]
Can you trust nice little old lady in fender bender?
October 10, 2013 by
I received a phone call from a friend of mine who informed me he was in a fender bender with no remarkable property damage other than superficial scratches. He informed me that he did not call the police for a police report and gave her cash to cover the scratches. He remarked that he trusted the lady and gave her his information such as license tag and number. This reminded me of the Andy Griffith Show episode where Barney bought a car from the proverbial nice little old lady that appeared … [Read more...]
Can I demand medical records from my doctor?
October 7, 2013 by
In the course of my personal injury and workers compensation practice, clients often disclose to me prior to retaining our firm that their physicians refuse to provide medical records or delay production. In Tennessee, patients have a variety of rights in their medical care. A paramount right is access to your medical records. Physicians in Tennessee can me sanctioned and fined by the Tennessee department of health for not complying with the law. Physicians and hospitals in Tennessee are … [Read more...]
Employees’ non-public postings protected in workplace
October 4, 2013 by
Plaintiff Deborah Ehling was a registered nurse and paramedic. Defendant MONOC is a non-profit hospital service corporation providing emergency medical services to the citizens of New Jersey. Plaintiff was hired by MONOC in 2004 as a registered nurse and paramedic. Plaintiff's claims in this case arose out of an incident involving Plaintiff's Facebook account where in she was disciplined for posting commentary that a particular person involved in a shooting should have allowed to die on the … [Read more...]
Can my employer test me for pregnancy?
September 30, 2013 by
Title VII defines "sex" to include pregnancy and childbirth as a form of sex discrimination. Testing women for pregnancy or fertility is "sex" discrimination where the testing effectively discourages female or pregnant applicants. Norman Blood Saw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998). Regular or pervasive inquiries about whether female employees are pregnant or about a woman's childbearing and child care plans may create a hostile environment for women. Walsh v. … [Read more...]
Am I required to submit to a medical exam for a job?
September 27, 2013 by
The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities. If you are … [Read more...]
