Month: June 2010

SUPREME COURT TO DECIDE WHETHER A COMPLAINT MUST BE IN WRITING TO BE COVERED UNDER THE FAIR LABOR STANDARD ACT’S ANTI-RETALIATION PROVISION

            The United States Supreme Court has agreed to review the question of whether an oral complaint of a violation of the Fair Labor Standards Act (FLSA) is considered “protected” conduct under that statute’s anti-retaliation provision.             Section 215(a)(3) of the FLSA states, in part, that it is unlawful for an employer to discharge or …

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INDEPENDENT CONTRACTORS ABLE TO SUE FOR RACE DISCRIMINATION?

            In 1975, the United States Supreme Court held that Section 1981 applies to employment contracts.  In 1991, the statute was extended to track Title VII’s prohibition of discrimination in the terms and conditions of employment.  As a result, Section 1981 now covers all aspects of the employment relationship, including its creation and termination.  It …

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INDEPENDENT CONTRACTOR V. EMPLOYEE

           Whether to classify a worker as an independent contractor or an employee is a critical decision, one which affects many different aspects of the company-worker relationship.  For example, an employee can sue an employer for unlawful workplace discrimination under federal anti-discrimination statutes, but an independent contractor may not.  In addition, an employee may be …

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SECOND CIRCUIT RULES THAT FAILING TO INVESTIGATE A DISCRIMINATION CLAIM CANNOT BE CONSIDERED A RETALIATORY ACT

Last month, the Second Circuit Court of Appeals, which has jurisdiction over Connecticut, New York and Vermont, ruled that a company’s failure to investigate a complaint of alleged employment discrimination cannot be considered retaliation for the filing of that same complaint. The plaintiff, Ms. Cynthia Fincher, worked as a senior auditor for the Depository Trust …

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