October 2017 Archives

Alleged rapist involves employer in hostile work environment case

The law requires employers in Tennessee to maintain workplaces that do not inflict trauma or excessive discomfort on employees. Criminal allegations against an employee represent a situation where an employer should consider how the possible criminal might affect co-workers. The case of an employer that ignored the complaints of an employee that had allegedly been raped by a co-worker could result in liability for the company. A federal appeals court has already determined that the employee's hostile work environment charge can proceed to a jury trial.

Disability discrimination lawsuit against Home Depot

Tennessee workers who require reasonable accommodations from an employer to deal with a disability may be interested to learn that a lawsuit was filed on Sept. 28 against Home Depot for failing to offer such accommodation to an employee. According to the lawsuit, an employee who suffers from irritable bowel syndrome and fibromyalgia requested a short break to attend to her medical condition and was refused.

Dealing with blatant and subtle signs of ageism

Employers in Tennessee and throughout the country could be engaging in ageism and not even realize it. It is also possible for older workers themselves to engage in this practice. However, treating employees differently based on their age could result in the loss of experienced employees who may be a wealth of knowledge to a company. While this may harm any company, the loss of talented workers can especially be harmful to smaller businesses.

Case will decide whether man was employee or contractor

Some Tennessee residents who work in what is known as the "gig economy" might actually be considered employees instead of independent contractors. In California, a lawsuit is underway in a federal court involving a man who was a driver for the company GrubHub for five months in 2015. The man says that as an employee, he was entitled to reimbursement for business expenses and overtime but that he was misclassified. GrubHub says that it simply connects drivers and customers with restaurants but is not an employer.

Is your employer refusing to accommodate your medical needs?

Maybe you had a disability when you were hired, or perhaps it developed over time. It could be the result of a progressive disease, like Multiple Sclerosis, or the end result of a serious accident. Sometimes, it could be a disease like cancer. Regardless of the cause or the nature of your disability, your employer is required by federal law to make reasonable accommodations for you. Failing to do so could prevent you from keeping your job and is in direct violation of the law.

Can your employer legally ask you to work off the clock?

It happens in a variety of situations. You're an hourly employee, perhaps in retail or customer service. You're at the end of your shift when your manager approaches you. He or she then asks you to clock out and return to work. Sometimes, it's just end of shift cleanup.

Legal aspects of workplace sexual harassment cases

Although laws have been passed to help reduce and prevent sexual harassment in the workplace, some Tennessee workers still end up being harassed as they attempt to do their work. While about 90 percent of those facing sexual harassment are women, male employees can also be victims. Regardless of the employee's gender, there are some legal options available to those who face sexual harassment at work.

Determining overtime eligibility in Tennessee

A Tennessee resident who makes less than $455 a week and who works in a non-exempt industry may be eligible to receive overtime pay. The Fair Labor Standards Act requires that workers receive overtime pay if they work more than 40 hours in a week. Tennessee state law mandates that employees get a minimum overtime wage of $10.88 per hour.

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