The United States Department of Labor has a regulation that prohibits a federal contractor from discriminating against an applicant for employment or discharging an employee because the applicant or employee has inquired about, discussed, or disclosed his or her own pay or the pay of another employee or applicant.
An employee claiming a severe or pervasive hostile work environment because of her sex can obtain relief under Title VII. In its simplest terms, the elements of a claim under Title VII for a hostile work environment against an employer, because of sex, consists of the following: (1) “unwelcome” conduct; (2) based on the employee’s sex; (3) that was “sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere;” and (4) that is, on some basis, imputable to the employer.
If an employer takes a negative employment action (firing, refusing to hire, demoting, refusing to promote, etc.) against an employee with a physical, mental or even emotional disability, the disability can’t be the reason.
Legal Tip of the Week: Federal law requires break times for nursing mothers. Some states require mandatory meal and rest breaks.
The Supreme Court of the United States determined that service advisors for an automobile dealership were salespersons who serviced automobiles. As such, they were exempt from the federal Fair Labor Standards Act overtime-pay requirements. Therefore, service advisors will now need to look to their state law to determine if they may be eligible for overtime pay.