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Linkedin to Pay $6 million in Overtime Settlement

As detailed in this article, The National Department of Labor has found that Linkedin violated the Fair Labor Standards Act (FLSA).    The FLSA establishes that when working over forty hours per week, nonexempt workers are to be paid overtime at 1.5 their hourly rate.

359 current and former employees of Linkedin will share the estimated $6 million settlement reached between the company and its workers.     Linkedin will also provide training to all employees that off the clock work is prohibited for non-exempt employees.

Administrator for the Labor Department’s Wage and Hour Division stated that Linkedin has, “shown a great deal of integrity by fully cooperating with investigators and stepping up to the plate without hesitation to help make workers whole.”

Vice President of Corporate Communications for Linkedin, “This was a function of not having the right tools in place for a small subset of our sales force to track hours properly.”

If you or someone you know thinks they have not received  overtime wages, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

Federal Government Sues Pennsylvania State Police For Sex Discrimination

The U.S. Department of Justice has filed suit against Pennsylvania and the state’s police department for claims of sexual harassment.   The suit alleges that the physical tests required to become a state trooper discriminate against female candidates.

As detailed in this article, since 2003 Pennsylvania state trooper candidates are required to take a physical test that includes such tasks as a 300 yard run and pushups.     The complaint argues the skills tested  are not necessary  for the job and prevent qualified female candidates from being hired into the force.

Specifically, in contrast to the seventy percent of female applicants that have passed the physical exam since its implementation, over ninety percent of male applicants have passed the exam.

Assistant Attorney General for the Civil Rights Division, Jocelyn Samuels, “The Department of Justice is deeply committed to eliminating artificial barriers that keep qualified women out of public safety work.”

The Department of Justice is seeking a court order to stop the test and back pay for those discriminated against.

If you or someone you know thinks they have experienced discrimination due to sex, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

Target Employee Makes Claims of Racial and Disability Discrimination

James Patrick Stoughton suffers from autism and dyslexia.   Despite this,  he has worked in three Target stores since 1993.    In addition to his mental disability, Stoughton has two rods in his back that impair his mobile function.

Stroughton, who is white,  claims that beginning in 2009  he was subjected to harassment at the hands of his coworkers and direct supervisor, most of whom were African American.    After he reported the alleged hostile behavior to Human Resources,  Stroughton says that the harassment worsened, claiming that his coworkers taunted and made false accusations about him.

As detailed in this article,  in addition to the increased harassment against him, Stroughton claims that his hours were reduced from 35-40 per week to 5 hours a week.    As a result of this drastic reduction in his hours, he lost his benefits.

Stroughton has filed his claim with EEOC for charges of disability discrimination, race and color discrimination and retaliation.   He seeks damages, reinstatement or front pay, compensatory and punitive damages, and attorney’s fees.

If you or someone you know thinks they have experienced discrimination due to race or disability, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

 

New York State Makes it Unlawful for Employers to Discriminate Against Interns

In October 2013, District Judge Kevin Castel ruled that unpaid workers were ineligible to make claims of discrimination and harassment.   Subsequent to Judge Castel’s  decision, New York State Senator Liz Krueger introduced a bill that  New York State Governor Andrew Cuomo signed into law this week.     The Act  makes it  unlawful for employers to discriminate against interns, making this the fourth jurisdiction to pass such legislation.

The Act defines an intern as a person who performs work for an employer for the purpose of training.   The new legislation makes it unlawful for employers to discriminate against an intern or intern applicant based on their membership of a multitude of categories as defined by the NYSHRL.   It also bars employers from subjecting interns to any unwelcome verbal or physical conduct of a sexual nature.   The Act protects interns who are pregnant as well, making it unlawful for employers to compel a pregnant intern to take a leave of absence.

According to this Forbes article, in an effort to protect employers, the text of the Act should  not be interpreted  as “creating an employment relationship between an employer and an intern.”   This also addresses the issue that is currently making its way through the judicial system regarding interns  and their entitlement to be paid wages like employees.

If you or someone you know thinks they have experienced employment discrimination, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

 

Religious Affiliated Universities Receive Exemption From Title IX

Title IX bans educational institutions that receive federal funds from discriminating against transgender and gender nonconforming students.    In spite of this, the U.S. Department of Education has given exemption status to three Christian universities that can now deny accommodations for students who are transgendered.

As detailed in this Huffington Post article, a spokeswoman for the Education Department stated that although the department enforces Title IX, “Title IX explicitly provides an exemption for schools controlled  by religious organizations to the extent that the institution  asserts that Title IX’s application would not be consistent with the organization’s religious beliefs.”

Kristan W. Newall, Title IX scholar and professor at the University of Massachusetts, “This is where we’re worried about a slippery slope.”      Ms. Newall stated that although the three institutions have received exempt status  due to religious affiliation, the criteria to establish religious exemption is not clear on its face.    Ms. Newall stated that she is “a little concerned in this Hobby Lobby era moment we seem be in, the criteria seems a little bit lax.”

If you or someone you know thinks they have experienced discrimination, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609or use our contact form.