Effective January 1, 2014, Florida's minimum wage will be increasing from $7.79 to $7.93. The increase is based on the rate of inflation and cost-of-living. Florida's 14-cent increase is based on the 1.7 percent change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the South region from September 2012 to September 2013.
The minimum wage for tipped employees is expected to increase from $4.77 to $4.91.
If you are the victim of discrimination or have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.
Monday, October 28, 2013
Monday, October 14, 2013
EEOC Sues Company over Hair Policy
The EEOC is suing an Alabama based insurance company for discriminating against black job applicants. The EEOC alleges that the company's grooming policy prohibiting dreadlocks is discriminatory towards African Americans and therefore violates Title VII of the Civil Rights Act of 1964.
In 2010, Chastity Jones applied for a position with the Alabama based insurance company. Ms. Jones is African American. During the interview, Ms. Jones wore her hair in "curllocks," which is another name for dreadlocks. Ms. Jones was offered a position as a customer service representative. However, when Ms. Jones met with Human Resources later day, she was informed that the company banned dreadlocks and that she would need to cut them off in order to obtain employment. When Ms. Jones refused to cut her hair, the offer was rescinded.
The EEOC argues that the hair policy discriminates against African Americans based on physical and cultural characteristics in violation of Title VII. According to the EEOC's attorney, the "litigation is not about policies that require employees to maintain their hair in a professional, neat, clean or conservative manner," but "focuses on the racial bias that may occur when specific hair constructs and styles are singled out for different treatment because they do not conform to normative standards for other races."
According to the District Director for the EEOC's Birmingham office, "[h]air grooming decisions and policies (and their implementation) have to take into consideration differing racial traits, and cannot penalize blacks for grooming their hair in a manner that does not meet normative standards for other races."
This is the first time that the EEOC has brought a suit on behalf of an individual for dreadlocks.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
In 2010, Chastity Jones applied for a position with the Alabama based insurance company. Ms. Jones is African American. During the interview, Ms. Jones wore her hair in "curllocks," which is another name for dreadlocks. Ms. Jones was offered a position as a customer service representative. However, when Ms. Jones met with Human Resources later day, she was informed that the company banned dreadlocks and that she would need to cut them off in order to obtain employment. When Ms. Jones refused to cut her hair, the offer was rescinded.
The EEOC argues that the hair policy discriminates against African Americans based on physical and cultural characteristics in violation of Title VII. According to the EEOC's attorney, the "litigation is not about policies that require employees to maintain their hair in a professional, neat, clean or conservative manner," but "focuses on the racial bias that may occur when specific hair constructs and styles are singled out for different treatment because they do not conform to normative standards for other races."
According to the District Director for the EEOC's Birmingham office, "[h]air grooming decisions and policies (and their implementation) have to take into consideration differing racial traits, and cannot penalize blacks for grooming their hair in a manner that does not meet normative standards for other races."
This is the first time that the EEOC has brought a suit on behalf of an individual for dreadlocks.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
Monday, October 7, 2013
The Government Shutdown and Your Business
Even if you don't directly work for or work with the government, your business may be affected by the government shutdown. Below is a list of five specific federal programs and agencies that are closed, thereby affecting employers over the course of the shutdown.
Equal Employment Opportunity Commission (EEOC)
During the shutdown, the EEOC is still required to accept charges, but it will not investigate them. Nor will the EEOC litigate any claims in federal court or offer mediations during the course of the shutdown.
Department of Labor (DOL)
During the shutdown, all DOL employees are currently furloughed. The shutdown ceases all non-emergency occupational and safety health inspections, wage and hour audits, hearings and appeals regularly conducted by the DOL.
National Labor Relations Board (NLRB)
During the shutdown, the Office of Inspector General hotline will remain operational. However, the following services will not be available during the shutdown: investigations, hearings and elections, unfair labor practice charge docketing, settlements, litigation, administrative law judge and Board decisions, resolutions of workplace disputes, resolution of employee/employer disputes with a union, and Information Officer Services.
E-Verify
Employers must continue to use Form I-9 to verify new workers during the shutdown. However, e-verify will not be available.
Department of the Treasury
The Department of the Treasury will continue to disburse Social Security benefits, automated revenue collections, daily cash management for the government, and payment of interest on the federal debt. However, the IRS will cease conducting audits, examinations of returns, processing of paper returns, and call-center options for taxpayers.
Depending on the state, some agencies may limit their operations or completely shut them down during this time.
If you have an employment law question, contact Ambuter Law for your free case evaluation.
Equal Employment Opportunity Commission (EEOC)
During the shutdown, the EEOC is still required to accept charges, but it will not investigate them. Nor will the EEOC litigate any claims in federal court or offer mediations during the course of the shutdown.
Department of Labor (DOL)
During the shutdown, all DOL employees are currently furloughed. The shutdown ceases all non-emergency occupational and safety health inspections, wage and hour audits, hearings and appeals regularly conducted by the DOL.
National Labor Relations Board (NLRB)
During the shutdown, the Office of Inspector General hotline will remain operational. However, the following services will not be available during the shutdown: investigations, hearings and elections, unfair labor practice charge docketing, settlements, litigation, administrative law judge and Board decisions, resolutions of workplace disputes, resolution of employee/employer disputes with a union, and Information Officer Services.
E-Verify
Employers must continue to use Form I-9 to verify new workers during the shutdown. However, e-verify will not be available.
Department of the Treasury
The Department of the Treasury will continue to disburse Social Security benefits, automated revenue collections, daily cash management for the government, and payment of interest on the federal debt. However, the IRS will cease conducting audits, examinations of returns, processing of paper returns, and call-center options for taxpayers.
Depending on the state, some agencies may limit their operations or completely shut them down during this time.
If you have an employment law question, contact Ambuter Law for your free case evaluation.
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