Although there is an ongoing debate about whether sexual orientation is a protected class subject to protection from discrimination, harassment, and retaliation under federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, there is at least one area of federal
In a prior blog post, I wrote about the case of Brown v. New York City Department of Education. In Brown, the United States Court of Appeals for the Second Circuit determined that a volunteer intern for a public school was exempt from coverage under
On June 1, 2015, the United States Supreme Court issued its decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. The decision was holdings therein were an important victory for employees, as well as their religious rights and freedoms in the workplace.
In the 1993 case of Lambert v. Genesee Hospital, the United States Court of Appeals for the Second Circuit interpreted the anti-retaliation provision of the Fair Labor Standards Act to require an employee make a written complaint to a government agency in order to be
In 1999 and 2001, the United States Department of Labor’s Wage and Hour Division issued letters opining that mortgage-loan officers do not qualify for the administrative exemption to overtime pay requirements under the Fair Labor Standards Act. In 2004, the Department issued new regulations regarding
The Indiana General Assembly is currently debating the passage of the Indiana Religious Freedom Restoration Act (“RFRA”). As it is currently constructed, the RFRA reads, in pertinent part: “A state action, or an action taken by an individual based on state action, may not substantially
Pamela Manning was working at a sales associate for Kohl’s Department Stores, Inc. in January 2010 at which time Kohl’s underwent a nationwide restructuring that resulted in her schedule changing from predicable shifts to unpredictable shifts, such as “swing shifts” where she would close the
On December 9, 2014, the United States Supreme Court issued its decision in Integrity Staffing Solutions, Inc. v. Busk, a case involving a challenge under the Fair Labor Standards Act (“FLSA”) brought by warehouse workers who worked for Amazon.com. As an anti-theft measure, Amazon.com required
On October 1, 2014, the United States Court of Appeals for the First Circuit reviewed a case involving claims brought by the United States Department of Labor against the owners of Piccolo e Posto, a restaurant in Guaynabo, Puerto Rico. The allegations in Perez v.
In Budhun v. Reading Hospital and Medical Center, one of the issues before the United States Court of Appeals for the Third Circuit was whether Ms. Budhun suffered an adverse employment action. This is an oft-litigated issue in Family and Medical Leave Act cases as