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Employment Law

10th Circuit Rules in Favor of Abercrombie & Fitch in Hijab Case

When an employer fails to reasonably accommodate an employee’s religious beliefs or religious dress code, must the applicant or employee explicitly inform the employer of an inflexible conflict between the employee’s religious beliefs and the employer’s job requirements? Or, is the employer’s legal obligation to accommodate triggered by its constructive knowledge of an employee’s religious […]

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The Importance of Written Agreements, Lessons from the Luis Suarez Controversy

Football headlines in recent weeks have been dominated by reports if Luis Suarez, striker for Liverpool and Uruguay will be moving from Anfield this summer, with Arsenal reportedly being a likely destination for the forward. This after Arsenal made a cheeky bid of £40M and 1 pound to trigger the supposed £40M release clause in […]

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CEO Personally Liable for FLSA Claims

The 2nd Circuit in Irizarry v. Catsimatidis, Docket No. 11-4035-cv. (July 9, 2013) held that the CEO of NYC Grocery Chain Gristedis was personally liable for wage theft and not paying his employees overtime pay.  The case arose out of a prior Fair Labor Standards Act (FLSA) class action lawsuit in the Southern District of New […]

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Maryland Passes the Civil Rights Tax Relief Act

On May 16, 2013, Governor Martin O’Malley signed the Civil Rights Tax Relief Act (CTRA) into law, exempting non-economic damages from Maryland state income taxes. This is good for employees who have been unjustly terminated, as it results in a greater percentage of the award being distributed tax free to the discharged employee.  In Maryland, […]

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Gender Stereotypes Violate Title VII

In a case from the Easter District of Virginia, the Court held that gender stereotypes or comments from supervisors that a fellow employee was “not man enough” or “looked just like a women” and that he was effeminate in his behavior is a violation of Title VII and that  such frequent comments also created a […]

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No Monkeying Around on Unequal Pay

The Equal Pay Act is a federal statute, as part of the larger Fair Labour Standards Act (FLSA). Its primary principle is that both men and women are to be paid the same and equal wage,  when both the man and women are performing the same job duties or functions. This after all makes sense, […]

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Boston Bombing Will Increase Discrimination, Retaliation & Harassment Against American Muslims & Sikhs in the Workplace

As news of the suspects involved in the Boston bombings continues to unfold, it is likely only a matter of time before American Muslims and others with Arab or Middle Eastern like features, including Sikh Americans, members of the distinct faith of Sikhism, will experience increased harassment, discrimination and retaliation in the workplace because of their […]

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Equitable Tolling: Exceptions to the EEOC Filing Deadlines

Generally an employee has 180 days (300 days if there is a corresponding state agency enforcing the same Title VII rights) from the date of discriminatory or retaliatory act to file a claim with the Equal Employment Opportunity Commission (EEOC) alleging discrimination under Title VII.  The 300 day deadline also applies when an employee has been terminated, […]

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Employee Wins Against Employer for Failing to Provide FMLA Notice

In 2009,  the U.S. Department of Labor required employers to provide the Family Medical Leave Act (FMLA) notice to employees regarding their eligibility and rights, as under the FMLA. Now the Courts are beginning to enforce this too.  Employer Fails to Provide FMLA Notice To Employee, So Judgment Entered in Favor of the Employee. In a decision […]

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