Whether you are an employer or an employee, it’s important to stay up-to-date on developments in employment law to protect your rights in the workplace. Our blog highlights the most relevant news, bills, lawsuits, and “how-tos” of employment law for working professionals. Our blog also includes our firm’s most recent news.
25
October
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19
October
How and When Is Bullying Illegal in the Workplace?
Is bullying illegal? The short answer is no. However, bullying in the workplace can constitute as unlawful harassment if it leads to a hostile work environment and/or if it is on the basis of a protected category, such as sex, race, religion, nationality.
What Is Bullying and How Is It Different From Harassment?
Bullying is defined as a pattern of an undesired and aggressive behavior “that involves a real or perceived power imbalance.” Bullying can take verbal, social, and physical forms. According to
16
October
Evil Company Alert: New York Restaurant Owner Physically Attacks Gay Worker
Emilio’s Pizzeria & Ristorante, located in Long Island, New York, is facing criticism after the owner reportedly insulted and physically attacked a gay employee. Michael Abenante had worked at Emilio’s as a waiter since 2017. Abenante, who identifies as gay, wore the wrong shoes to work in November 2019. In response to this mistake, the restaurant owner, Emilio Branchinelli, allegedly yelled “F—king f—got, I’ll murder you!” Then, Branchinelli allegedly kicked Abenante in the back and punched him in the face.
10
October
Olive Garden Serves Unlimited Soup, Salad, and Racism
Amira Donahue, 16 years old, works as a hostess at Olive Garden in Evansville, Indiana. Amira was serving a table during a normal Saturday night dinner rush when something horrible happened. Her table asked Amira for hot water, and immediately after, the customers bursted into a racist tirade. The table publicly expressed that they preferred a white server over Amira, who is African American. The manager complied with the customers’ request and reassigned a new white server to the
02
October
5 Ways To Protect Your Rights As A Flat Rate Contract Driver
Too often, large employers violate the workplace rights of flat rate contract drivers. The good news is that these drivers are winning lawsuits around the country to get back their rightfully earned wages. If you are a flat rate contract driver, keep reading to learn how you can protect your rights now so that you may have a more successful lawsuit in the future.
1. Keep Your Receipts
Keep all of your receipts for any work-related expenses. Flat rate contract drivers often
01
October
Teacher Gets Fired For Wearing “Black Lives Matter” Face Mask In School
Great Hearts Western Hills, a public charter school in San Antonio, Texas, faced intense criticism after firing an employee for wearing a Black Lives Matter face mask to work. According to a CNN article, Lillian White, an art teacher at the school, lost her job for wearing a face mask that displayed “Silence is Violence” and “Black Lives Matter” messages across the front. Considering the current social movement surrounding racial issues in the country, White explained that she wanted to show
27
September
Mother of All Evil Company Alerts: Heroic Father Fired After Saving His Children From Shooting in the Bronx
Anthony Jefferson was shopping at On the Road Automotive Group, a car dealership in the Bronx, to buy his wife a car for her birthday when something horrific happened. Three armed suspects fired several shots into the car dealership. Jefferson quickly shielded his children, aged six, five, and two, from the bullets with his body. While protecting his children, Jefferson was shot three times in the legs. None of Jefferson’s children were injured due to his heroism. The NYPD is
25
September
Evil Company Alert: Apple Accused of Violating Wage and Labor Laws of its Chinese Employees Abroad
In an article published in The Washington Post, Apple, a multinational technology company, was accused of wage and labor violations in Chinese factories. A non-profit advocacy group named China Labor Watch accused Apple of the labor violations, “including withholding bonus payments, rolling back safety training and employing more temporary workers than China’s laws allow.” According to the article, these reports were found after investigators worked undercover at the biggest iPhone factory in Zhengzhou, China. Unfortunately, this instance is not the first
24
September
Wage Theft During the Pandemic
During times of economic recession, both unemployment and wage theft rates rise. Wage theft occurs when an employer refuses to compensate an employee the rightful amount for time worked. Examples of wage theft are paying someone less than minimum wage, or promising an amount of money and paying only half of that amount. Statistically speaking, industries such as construction, retail, food service, and domestic work have the highest amount of wage theft cases.
As the pandemic progresses, less money flows into
23
September
Exercising Your First Amendment Right in the Midst of Social Change
The deaths of George Floyd and Breonna Taylor, among many others at the hands of police, have motivated a series of social change. More people have become aware of injustices and inequalities that exist within the country and have become more conscious, vocal, and active agents of change. Conversations that would normally be seen as “uncomfortable” are now encouraged in the workplace, in schools, and even in professional sports. This social change has prompted individuals to become more involved in