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...]
