Recently, the Kentucky Court of Appeals had to decide whether or not a chaplain working for Keeneland Association, Inc., was an independent contractor or an employee. Based on the courts findings, the chaplain could then proceed with a disability discrimination claim against the racecourse.
Category: Employment Law
A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination.
On June 28, 2017, the Minnesota Supreme Court held that an undocumented worker asserted a valid retaliation claim after he was placed on unpaid leave for seeking workers’ compensation benefits.
As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.
The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently heard a dentist’s claim that her discharge constituted age discrimination. What did the court decide?
A New Jersey district court recently permitted a wage and hour class action to proceed despite the employer’s assertion that a collective bargaining agreement (CBA) preempts the employees’ claims.
An Army reservist claimed that he was discriminated against after informing his supervisor about the possibility of an upcoming deployment.
In early August, Google seized national headlines by firing software engineer James Damore for publishing an internal memo in which he argued that women are inherently worse at technology jobs than men for “biological” reasons. In addition to the important societal issues Google’s action implicates, it raises interesting labor and employment law questions about how […]
On Tuesday, President Donald Trump announced that the federal Deferred Action for Childhood Arrivals (DACA) program will be phased out over the next 6 months.
Late last year, the Massachusetts Appeals Court ruled that commissions are “due and payable” under the Massachusetts Wage Act at the time an employee resigns or is terminated, even if the employee might not be eligible to receive the payments under the terms of the company’s commission agreement or plan. (See, Commission Structure Doesn’t Justify […]