The Employment Lawyer Opinion: What Job Seekers Should Keep in Mind for 2015

If you're currently seeking new employment, there are a few things you should be focusing on in the new year when seeking out potential job positions.

1) Don't apply for jobs that you do not have the qualifications for.  It's a waste of your time, and you could be focusing on applying for jobs that you are qualified for.

2) Make sure to network.  Whether it's attending functions at your child's school, or attending business networking events, it's a good idea to keep networking while on the job hunt.  Also, learn to possibly use social networking tools to help network (i.e. LinkedIn) if you aren't doing so already.

3) Make sure to update your resume and seek out others for advice.  Also practice interviewing and accept constructive criticism on things that you may need to improve upon.

4) Make sure to dedicate time to actually searching for jobs.  Seeking out employment is a full-time job, so treat it as such and make sure to prioritize it above fun activities, such as watching television.  While job searching, make sure to seek out resources that could help you.  Don't waste time using resources that aren't turning into job leads.  And make sure never to give up your search, even when you're discouraged.

5) Make sure that while seeking out a new job, that you do take time to enjoy your surroundings.  While searching for a job should take priority over certain activities, you still need to make sure to allocate time for family, friends, and some fun.  Also, make sure to keep busy even during your free time by volunteering or exercising.  Both are good stress relievers and will make you feel like you have achieved something.

6) Lastly, don't pigeon hole yourself into a specific career path while searching for a new job. This could be the time where you find a new career that you're qualified for that you never would have thought of.

This post was written by Ambuter Law.  Ambuter Law is an employment law firm focused on representing employees in employment disputes throughout the state of Florida.

New Employment Law Ruling could Affect You

On December 4, 2014, the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who requested FMLA, who had been told "that [her] pregnancy was affecting [her] effectiveness" at work, and who had complained to the Ethics Hotline about the comments and actions taken against her.

The case is Torres-Skair v. Medco Health Solutions, Inc.  In this case, the employee claimed that she was discriminated against due to her pregnancy, and that she was retaliated against after making complaints about the discrimination.  However, the employer was able to overcome the employee's claims of discrimination based on pregnancy, as well as her retaliation claim. The Eleventh Circuit ruled that "deficient job performance remains a non-discriminatory basis on which employers may make employment decisions, so long as performance standards are applied in equally."

In this case, the employee was unable to show an unequal application, which negated her claim of discrimination. The employee's claims that she was unfairly placed on administrative leave and then terminated did not persuade the Court.  The employer was able to offer three valid and non-discriminatory reasons for its actions against the employee, which precluded the employee's claim of pretext.  The Court also supported its conclusion that that there was no pretext "by relying on the employer's good faith belief and not on the employee's perception."

The Court also rejected the employee's retaliation claim, stating that the employee's contention that there was a causal connection between her complaints and adverse action was nothing more than "mere speculation" and far too indirect to be actionable.

If you have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.

Employer's Hosting a Company Holiday Party? Do's and Don'ts You Should Follow...

     That's right.  It's back.  The office holiday party.  Here are a few things you need to remember when attending your company's holiday party.

Show up.  If you're invited to your company's holiday party, you should go.  It's an opportunity for you to meet people, and make a good impression on your boss and co-workers.

Dress code.  If there's a dress code, stick to it.  Your company's holiday party is not the time to be showing up in your tiny dress or wearing inappropriate clothing.

Stay sober.  Getting drunk at your company's holiday party is a big no-no.  It's best to set a guideline before attending the party and sticking to it.  Now is not the time to party like you did back in college.

Be engaged.  Don't act like you don't want to be at the party.  Talk to those around you.  Don't stand in the corner and text or play around on your phone.  Start conversations with friends and new people.

Say thanks.  Don't forget to say thanks when leaving the party.  Whether it's hosted by your company or a co-worker, a thank you goes a long way.

OSHA Recommends Stores to Take Precautions on Black Friday

OSHA is recommending that major retailers set up crowd management plans as a safety precaution to protect workers from being injured or trampled by customers on Black Friday.  OSHA's recommendations are in response to increased shopping that have caused dangerous workplace hazards, even leading to a worker being trampled to death in 2008, on the busiest shopping day of the year.

OSHA is recommending that each store's crowd management plan includes on-site security guards, barricades for customers as they wait in line to enter the store, an explanation to the customer as to how they can enter the store safely, limits on how many customers can enter the store, and an emergency plan when something goes awry.  OSHA's guideline also advises stores to plan ahead and have the proper amount of staffing to manage the crowds, and urges stores to have a separate entrances for staff so that they can enter and exit the store safely.

OSHA issued these guidelines so that staff and employees can enjoy the busiest shopping day of the year in the safest manner possible.

This blog was posted by Ambuter Law, an employment law firm focusing on employee rights.  If you have a question regarding your rights in the workplace, contact Ambuter Law for your free case evaluation.

Do's and Don'ts in the Workplace on Election Day

It's that time of year - election time.  With the hustle and bustle of voting in the election and still maintaining professionalism in the workplace, there are a few Do's and Don'ts that employers should be aware of on election day.

1) Do allow time for your employees to vote.  Although Florida does not have a specific law allowing employees time off to vote, it's usually a good business practice to allow your employees to take extra time during lunch so that they can vote in the election.

2) Don't pressure your employees to vote for a specific candidate.  It is a federal crime for an employer (or anyone else) to interfere with an individual's ability to vote for federal candidates, to coerce an individual to cast a ballot in a specific way, or to bribe an individual in exchange for voting a certain way.  See 18 U.S.C. § 594 and § 597.

3) Don't allow employees to conduct political activities in the workplace.  While an employee is entitled to their own political views, you don't want your employee discussing or raising those views in the workplace.  Heated political discussions may erupt, which may cause distraction and animosity in the workplace.  Private employers should consider limiting these types of discussions in the workplace, and find an avenue for uncomfortable employees to voice their concerns.

This blog was posted by Ambuter Law, an employment law firm focused on representing employees. 

Want Less Drama In Your Life?

Want less drama in your life?  Be honest when you're asked to be honest.  Unfortunately, not every client is as upfront and honest as they should be with their attorney.  They may think that if their attorney knows the truth behind a situation, that their attorney may think less of them or judge them.  Or they may think that their attorney may never find out the truth.  However, the truth usually comes out in one form or another, and it's usually better if it comes from the client first rather than from a third party or opposing counsel. 

Also, by not telling the truth, the client is actually limiting or affecting the path that their attorney would take in representing them.  So while the client may think that he is helping the situation or protecting himself, he in fact could actually be hurting himself. 

So why do I write this?  To inform individuals about the benefits of being honest with your attorney.  It may be embarrassing or intimidating to disclose the full truth of a situation to your attorney, but you and your attorney will be much happier that you did.

Ambuter Law focuses on representing employees in employment law matters.  If you have a question in regard to your employment rights, contact Ambuter Law for your free case evaluation.

Judge rules in favor of EEOC's investigation of company

On September 19, 2014 a federal court ordered KB Staffing, Inc. to comply with a subpoena issued by the EEOC during its pending investigation.  The subpoena, issued in December 2013, seeks information relating to a charge filed alleging that KB Staffing required current and prospective employees to submit to a health questionnaire prior to employment. 

The charge alleges that the applicant was not hired because she refused to submit the pre-offer health questionnaire.  Based on this complaint, the EEOC charged the company in violation of the Americans with Disabilities Act (ADA).  KB Staffing argued that the subpoena was outside the scope of the charge.  However, these arguments were rejected by the court.

"EEOC maintains the authority to investigate whether KB Staffing engaged in systemic discrimination when it used a pre-offer health questionnaire during its application process, despite the victim-specific relief it could pursue on the Charging Party's behalf and despite KB Staffing's assertion that it ceased use of the health questionnaire as of December 2012," the judge wrote (EEOC v. KB Staffing, LLC, No. 8:14-mc-41 (M.D.Fla. Aug. 28, 2014) (Report and Recommendation, A. Porcelli, M.J.).

Now that the EEOC has the go-ahead to proceed with its investigation in regard to the subpoena, it should be interesting what is found.

Blogging about the Workplace

With all of the social media outlets, it's bound that some frustrated employees may blog about their workplace.  However, you need to be careful if you're thinking of posting your feelings about your workplace on the internet.  If you live in an employment at-will state, your employer can terminate you for your posts, even if the posts are written after work hours.  Also, if living in an employment at-will state, your employer can terminate you for things that they deem inappropriate, i.e. inappropriate non-work related posts or pictures.  So, what's the solution to this?  Don't post about your work on the web, and use discretion when posting non-related work comments or pictures.

Are there any protections an employee may have against their employer taking action against them for internet posts?  Maybe.

1) If your internet post contains workplace complaints relating to FMLA, discrimination, a hostile work environment, wage and hour violations, you may be protected from your employer taking disciplinary action against you.

2) An employee who raises concerns about illegal activities or safety concerns at work be pay protected as a whistle blower. 

Also, some states now are enacting laws preventing employers from terminating employees based on their after-hour internet posts. 

If you have a question or concern in regard to your rights in the workplace, contact Ambuter Law for your free case evaluation.

Update on Pregnancy Discrimination Guidelines in the Workplace

In July 2014, the EEOC issued an update, its first in 30 years, in regard to pregnancy discrimination in the workplace.  In its update, the EEOC clarified how Title VII and the Americans with Disabilities Act (ADA) interact to protect pregnant employees.

The new guidelines state that employers are prohibited from forcing pregnant employees from taking leave.  The new guideline also acknowledges that "employers may have to provide light duty for pregnant workers."

Women are not the only ones who will benefit from these new guidelines; "similarly situated" men and women must be treated on the same terms when it comes to parental leave.

To read the new guidelines, click here.

If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation. 

U.S. Supreme Court Agrees to Hear Case on EEOC's Duty to Conciliate

The U.S. Supreme Court has granted a writ of certiorari in an appeal of the Seventh Circuit U.S. Court of Appeals decision finding that an alleged failure to conciliate is not an affirmative defense to the merits of a discrimination case (Mach Mining, LLC v. Equal Employment Opportunity Commission).

In 2008, the EEOC received a charge of discrimination from a woman alleging that Mach Mining, LLC denied her a job because of her sex.  After investigating the charge, the EEOC notified Mach Mining, LLC in 2010 of its intention to start the informal conciliation process.  In 2011, the EEOC had determined that the conciliation process had been unsuccessful, and informed the company of such.  The EEOC then filed a suit in U.S. District Court for the Southern District of Illinois.

Mach Mining filed its answer and asserted several affirmative defenses, including that the EEOC had failed to conciliate in good faith.  The EEOC moved for summary judgment solely on the issue of whether, as a matter of law, an alleged failure to conciliate is an affirmative defense to its suit for unlawful discrimination.  The District Court denied the EEOC's motion.  The District Court held that the court should evaluate conciliation to the extent needed to “determine whether the EEOC made a sincere and reasonable effort to negotiate.”

In December 2013, the Seventh Circuit U.S. Court of Appeals reversed the District Court's decision.  The court's opinion read:

"The essence of an affirmative defense is that it assumes the plaintiff can prove its factual allegations. An affirmative defense raises additional facts or legal arguments that defeat liability nonetheless. . . . The wrong claimed by defendant here is purely one of insufficient process. A procedural remedy, such as a short stay to allow the parties to pursue conciliation further, would be tailored to the alleged wrong. Dismissal on the merits, however, would excuse the employer’s (assumed) unlawful discrimination. That would be too final and drastic a remedy for any procedural deficiency in conciliation,” Judge David F. Hamilton wrote for the panel.

On February 25, 2014, Mach Mining, LLC petitioned the U.S. Supreme Court.  On June 30, 2014, the U.S. Supreme Court agreed to review the case.  Arguments for the case will be scheduled to begin in the Fall of 2014.


If you have a question regarding your rights in the workplace, please contact Ambuter Law for your free case evaluation.

Proposed DOL rule redefines FMLA's definition of "spouse"

On June 20, 2014, the DOL released a press release announcing a proposed rule that will extend the definition of "spouse" under the FMLA.  The proposed rule extends protections of the FMLA to all eligible employees in legal same-sex marriages regardless of where they live.  The DOL is proposing this rule in light of the 2013 decision in United States v. Windsor.  In this case, the United States struck down a section of DOMA, which limited the definition of "marriage" to opposite-sex unions, and "spouse" to individuals of the opposite sex.

Currently, the FMLA defines "spouse" by looking at the laws of the employee's state of residence.  The proposed FMLA rule is moving from look at the employee's state of residence to looking at where the employee was married - or the "place of celebration."  The proposed rule would allow an eligible employee in a same-sex marriage to take FMLA to take care of his or her spouse leave regardless of the state that he or she resided in, as long as the "place of celebration" recognized the marriage as legal.

The DOL proposes to redefine "spouse" as follows:

• Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a State that recognizes such marriages, or (2) if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.

If you have a question concerning your rights in the workplace, please contact Ambuter Law for a free case evaluation

Obama plans to sign executive order extending LGBT protections

Obama plans to sign an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation.

Currently, there is no federal law that prohibits workplace discrimination on the basis of sexual orientation or gender identity.  While Obama cannot extend this protection to all Americans, he can take unilateral action that impacts federal contractors.

Obama's plan to sign the executive order was welcomed by those in the LGBT community.  This may be the first step in ending discrimination in both the private and public sector when it comes to discrimination based on sexual orientation.


If you have a question regarding your employment rights, please contact Ambuter Law for your free case evaluation.

Seattle raises minimum wage: What does this mean for the economy?

On June 2, 2014, Seattle passed an ordinance that raised the city's minimum wage to $15.00/hr, which makes it the highest in the nation.  Washington state's minimum wage is $9.32/hr.

The new ordinance, which takes effect on April 1, 2015, includes a phase-in of the wage increase over several years, with a slower process for small businesses.  For companies with more than 500 employees, the ordinance allows a phase-in process over at least three years.  Those companies that provide health insurance will be allowed at least four years to phase-in the increase.  Smaller businesses will be given seven years.

While many believe this will pave the way for other cities to raise their minimum wage and provide a livable wage, others argue that it will cost more jobs.  Many smaller businesses in the area state that with they won't be able to stay in business with the increase in minimum wage. 

States such as Minnesota, California, Maryland, and Connecticut have also passed laws to increase the minimum wage in the upcoming years.  Only time will tell whether it proves to be beneficial.


If you have a question regarding your employment rights, contact Ambuter Law for a free case evaluation.

Federal agency axes employee rating system

The Independent Consumer Financial Protection Bureau is scrapping its employee rating system in response to concerns that it was discriminatory.

The rating system ranked employees on a scale of one thru five.  Due to concerns with the system, everyone who ranked a three or above is automatically being given a score of five, along with retroactive pay raises associated with the top score rating.  These raises will most likely cost $5 million.

Moving forward, the bureau is planning on using a two-tiered rating system for at least two years while the old system is re-evaluated.  These changes are coming about after American Banker found that minority employees were more likely to receive lower evaluations than their white counterparts.

However, what this means is that the performers who slacked off or didn't perform at a level of five, are now being rewarded the same as top performers.  Many are seeing this as a slap to the face for those who actually worked hard and deserved to be compensated as top performers. 



If you have a question or concerns regarding your rights in the workplace, please contact Ambuter Law for your free case evaluation.

Veterans' Preference

With the passing of Memorial Day, we remember those who have served our country.

The State of Florida also tries to remember its veterans by giving Veterans' Preference to those who apply for public sector jobs. 

As stated in Chapter 295, Florida Statute, preference is extended to veterans who fall under the following categories:

• A veteran with a service-connected disability who is eligible for or receiving compensation, disability retirement, or pension under public laws administered by the U.S. Department of Veterans Affairs and the Department of Defense.
• The spouse of a veteran who cannot qualify for employment because of a total and permanent service-connected disability, or the spouse of a veteran missing in action, captured, or forcibly detained by a foreign power.
• A veteran of any war who has served on active duty for one day or more during a wartime period, excluding active duty for training, and who was discharged under honorable conditions from the Armed Forces of the United States of America. A veteran who served honorably but who has not met the criteria for the award of a campaign or expeditionary medal for service in Operation Enduring Freedom or Operation Iraqi Freedom, qualifies for preference in appointment effective July 1, 2007.
• The unmarried widow or widower of a veteran who died of a service-connected disability.
• A veteran who has served in a qualifying campaign or expedition for which a campaign badge or expeditionary medal has been authorized; including any Armed Forces Expeditionary Medal or Global War on Terrorism Expeditionary Medal. 

The service dates are defined as follows:

• World War II: December 7, 1941 to December 31, 1946
• Persian Gulf War: August 2, 1990 to January 2, 1992
• Korean Conflict: June 27, 1950 to January 31, 1955
• Vietnam Era: February 28, 1961 to May 7, 1975
• Operation Enduring Freedom – October 7, 2001 to date to be determined
• Operation Iraqi Freedom – March 19, 2003 to date to be determined

To claim veterans’ preference, the applicant must:

• Be a Florida resident
• Indicate your claim for veteran preference on the application
• Provide a copy of your DD214 to positions that are covered under FS 295, as described above.

If you believe that you have been discriminated against as a veteran in violation of Florida Statute 295, please contact Ambuter Law for your free case evaluation.

Pregnancy Discrimination in the Workplace

     The Florida Supreme Court reversed a Third District Court of Appeal decision on Thursday, now making it illegal in Florida to discriminate against an employee on the basis of pregnancy.

     The Florida Supreme Court found that pregnancy is "a natural condition unique only to one sex," and that discriminating against an individual on the basis of pregnancy is sex discrimination and thereby prohibited by the Florida Civil Rights Act.

     To read the court's decision, click here.

     If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.

What taxes are owed on your severance package?

     In a recent U.S. Supreme Court ruling on March 25, 2014, the Court overturned the 6th Circuit Court of Appeals' decision and upheld the IRS position that FICA taxes from the employer and the employee are due and payable on most severance packages.  As a result of this ruling, refund claims in connection with payroll taxes paid on severance packages are not viable.

     The U.S. Supreme Court rejected the argument that severance packages paid to terminated employees could avoid FICA taxation on the same basis as payments from "supplemental unemployment compensation benefit" plans ("SUB" payment plans).  SUB payment plans are explicitly subject to income tax withholding, but not FICA taxes.

     Therefore, the U.S. Supreme Court's ruling holds that most severance packages are subject to FICA taxes.

     If you have a question relating to your severance package, please contact Ambuter Law for your free phone consultation.

NLRB's ruling about college football unions

     In a recent ruling, the NLRB supported Northwestern's football team's efforts to unionize.  The ruling states that Northwestern's football players are "employees" of the university and thus should be given the opportunity to unionize.

The NLRB found that Northwestern made $76 million in combined profit from 2003-2012 from its football program.  This is a far cry from profits made at powerhouses such as Alabama, Ohio State, or Texas.  However, the average football scholarship at Northwestern is between $61,000-$76,000 a year.

The NLRB doesn't specify pay-for-play, only that a union could collectively bargain at a private university.  Collective bargaining at state-funded universities is subject to state law, not the NLRB.

Many believe that this is going to put pressure on the NCAA.

To read the entire decision, click here.

If you have an employment related question regarding your rights in the workplace, contact Ambuter Law for your free case evaluation. 

J.C. Penney Under Scrutiny for "Fake" Prices

     J.C. Penney is under scrutiny for terminating an employee, Bob Blatchford, who announced on television that J.C. Penney drastically inflates its prices only to discount them to the real selling price, giving its customers the illusion of getting a bargain.

     Two days after appearing on the "Today" show, Blatchford was fired.  J.C. Penney is now going after Blatchford for disclosing trade secrets.

     J.C. Penney is not the only retail giant accused of advertising false bargains.  In 2013, Kohl's was slapped with a class-action lawsuit for violating consumer protection laws in California, which protect consumers from misleading deals.

     J.C. Penney's accused Blatchford of having an "unbalanced vendetta" against the store, and accused him of having a "love for media attention."

     To read the full article, click here.

     If you have a question regarding your employment rights, please contact Ambuter Law for your free case evaluation.

What To Do When You're Unemployed

     Just because you're unemployed, whether you're a fresh graduate or a professional, doesn't mean you sit should sedentary.  Below is a list of things you should be doing if you're unemployed.

1) Raise The Red Flag.  The solution to any problem is acknowledging that there is a problem.  If you have interviews lined by but aren't getting the jobs, step back and look at what the main issue may be.

2) Create Your Story.  Most people don't tell prospective employers a personal story.  Tell a prospective employer who you are and what you can bring to the job you are interviewing for.  Tell the employer what makes you = you.  Find a way to bridge your accomplishments into a set of skills that you can tell a prospective employer.

3.  Understand The Job Market.  Make sure to apply to an array of jobs.  What should matter to you is the work you're doing, not just the title.  Also, if you're able to, look at jobs that are in different geographical areas.  Some markets are doing better than others, and the ability to relocate may be appealing to employers.

4.  Build A Routine.  Just because you're unemployed doesn't mean you should sit in bed all day or not have a normal routine.  Make sure to implement a routine rich with activities that will keep you productive and efficient.

5.  Do Things You Love.  If you are passionate about volunteering, campaigning, or fundraising, make sure to stay involved even though you may not be working.  When you do what you love, it doesn't seem like work. 

6.  Network.  Identify contacts in your field and reach out for advice.  Don't ask for a job, but consult with them how to handle multiple situations.  While they may not be able to offer you a job, they may know someone who can.

7.  Polish Your Skills.  Just because you're unemployed doesn't mean you shouldn't always be honing your skills.  Make sure to do participate in activities where you are using your skill set and knowledge on a daily or weekly basis.

8.  Freelancing.  Freelancing is a great option for those who are unemployed.  It gives you the ability to take on a project you may be passionate about, while still making some income while looking for full time work.

9.  Don't Give Up.  Just because it may be tough market, doesn't mean you should throw in the towel and give up.  Keep applying for jobs that interest you and keep honing your skills.  Your hard efforts will pay off.


If you are unemployed and seeking legal counsel, please contact Ambuter Law for your free case evaluation.

Is Your Employer Oscar Worthy?

     Does your employer or company deserve an Oscar for the way they treat their employees?  What makes an employer good?  Here are a few things that people are saying that make their employers great.

1.  They prefer their employees to do quality work as opposed to overloading them with work.
2.  They promote from within, giving their employees the opportunity to progress within the company.
3.  They offer benefits such as healthcare, maternity leave, paid vacation, etc. 
4.  They value their employees as people and individuals, not just as a number in a department.
5.  They encourage open communication, and they welcome feedback from their employees.
6.  They compensate their employees properly for the work that they are doing.
7.  They promote employee development, so that their employees can grow therefore making the company grow.
8.  They promote a work-life balance, so that their employees are happy outside of work and therefore want to perform while they are at work.

So who does the Oscar go to this year?

Ambuter Law is a law firm that focuses on protecting employees' rights throughout Florida.  If you have a question regarding your rights, contact Ambuter Law for a free case evaluation.

Daughter's Facebook Post Cost Family $80,000

     Patrick Snay, 69, was the headmaster of Gulliver Preparatory School in Miami until 2010 when his contract wasn't renewed.  Snarky sued the school for age discrimination, and won an $80,000 settlement 2011.  The agreement contained a standard confidentiality clause, prohibiting either party from discussing the contents of the settlement or the allegations involved.

      However, Snay's daughter made a post on Facebook stating "Mama and Papa Snay won the case against Gulliver," and "Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."  Snay's daughter was a student at Boston University at the time of the post.

     News of the post made it back to Gulliver's attorneys who appealed the verdict.  The Third District Court of Appeal tossed out the $80,000 settlement earlier this week.  The judge said, "Snay violated the agreement by doing exactly what he had promised not to do.  His daughter then did precisely what the confidentiality agreement was designed to prevent.”

     Snay argued that he needed to tell his daughter about the case and settlement because she suffered emotionally scarring from the whole incident.  However, Snay's chances of winning back his settlement are slim.

If you are the victim of discrimination or have been wrongfully terminated, contact Ambuter Law for your free case evaluation.

NFL Cheerleaders File Wage and Hour Suit against Teams

     Two NFL teams are facing lawsuits filed by their cheerleaders.  On January 22, an Oakland Raiderette sued the Raiders' organization on behalf of herself and her former and current cheerleaders, alleging that the Raiders violated California labor laws.  Earlier this month, a cheerleader from the Bengals filed a suit against the Bengals' organization alleging wage and hour violations.

     The Raiders pay the Raiderettes $125.00 per game, which equals $1,250 for a 10 home game season.  The cheerleaders allege that when you consider time for photo shoots, time practicing, attending non game events, and additional time working before and after the game on game days, that the Raiders are only paying them about $5.00 per hour.  This is well below California's minimum wage.  The Raiders also do not pay the cheerleaders until the end of the season.  The Raiderettes are also responsible for paying for their own hair and make up, events and photo shoots, and the team docks them if they forget to bring their correct pom-poms to practice.  The Raiderettes are also obligated to attend 10 charity functions a year without pay.

     The suit against the Bengals' organization is similar.  The Ben-Gal cheerleader claims that she was paid $855 for 300 hours spent performing, practicing, and attending events, resulting in an hourly rate of $2.85 per hour.  The cheerleaders were also responsible for paying for their transportation to and from games and events, specialized clothing, makeup, tanning, and whatever else the team required.

     The Department of Labor is also investigating the Raiders.


If you are are owed wages or overtime pay, contact Ambuter Law for your free case evaluation.

Gap to Raise Its Minimum Wage

     The federal government isn't the only one raising its minimum wage for workers.  The Gap, along with a few other retailers, is planning on increasing its minimum hourly rate for 65,000 workers.

     The Gap announced on Thursday that it plans on raising its minimum hourly rate to $9.00/hr by end of this year, and $10.00/hr by the end of 2015. 

     Gap Chief Executive, Glenn Murphy, stated "To us this is not a political issue.  Our decision to invest in our frontline employees will directly support our business, and is one that we expect to deliver a return many times over.”

     Other private companies are also discussing the possibility of raising their minimum hourly rate by 2015.  More to come on this interesting issue.




If you have an employment law question, please contact Ambuter Law for you free consultation. 

JC Penney settles Pregnancy Discrimination Suit

     Last month, J.C. Penney's paid $40,000.00 to an employee to settle a pregnancy discrimination lawsuit filed by the EEOC. 

     The EEOC charged that when the female job applicant applied for a position in one of J.C. Penney's hair salons in Brunswick, GA, she was denied a job after she informed the manager that she was pregnant.

     This clearly violates the Pregnancy Discrimination Act, which prohibits employers from discriminating against women who are pregnant. 

     Along with monetary relief, the retailer is making provisions for equal employment opportunity training and reporting and posting of anti-discrimination notices. 

    If you are the subject of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

Fired for Being Straight

     A gym teacher in New York is suing his employer for allegedly violating anti-discrimination laws by firing him because he is a straight married man with children, and that his lesbian boss was giving preferential treatment to younger, single female employees.

     The gym teacher, Gregory Kenney, alleged that his boss required him to coach three teams as opposed to the two teams his contract requires.  Kenney made complaints to the school, which he alleges were ignored.  Kenney then was fired after refusing to work nights and weekends.  However, the school took no action against a single, female gym teacher who refused to take on additional coaching responsibilities.  Kenney's suit also points out that he was replaced with a gay, female teacher and that three other married coaches with children were also terminated.

     New York is one of twenty states that prohibits discrimination based on sexual orientation.  Title VII, on the other hand, does not specifically recognize discrimination based on sexual orientation.  However, judicial opinions are starting to blur the lines between discrimination based on gender stereotyping and discrimination based on sexual orientation.  I am sure there will be more to come on this interesting topic.

     If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

What Can Your Employer Really Say About You

There are no federal laws restricting what your previous employer can say about you to a prospective employer.  If you were fired or terminated, your previous employer can say so.  They are not limited to only stating the dates of your employment.  However, there are laws regarding defamation of character which can prevent an employer from telling untruths about you to a prospective employer.

Here are a few things to think about when seeking employment:

1.  Ask what your company is going to disclose to prospective employers.  It's always a good idea to ask your previous employer what information they are going to give out to prospective employers so that way you know to prepare yourself when discussing details with your new employer.  Also, it's important that the reason you give to your prospective employer for leaving your previous job matches what your previous employer states.  For example, you don't want to tell a prospective employer that you resigned if you really were terminated.

2.  Don't assume that your previous employer won't give out information.  Many large companies have policies regarding what they disclose during employment verification checks.  However, many small companies do not.  It's never a good idea to assume that your previous employer won't disclose the reason behind your separation with the company.

If you feel that you were discriminated against or wrongfully terminated from your place of employment, please contact Ambuter Law for your free case evaluation.

Will Unemployment Be Extended?

     On Tuesday, the Senate voted to move ahead on extending unemployment benefits by another three months for 1.3 million Americans.  However, the vote does not guarantee that benefits will be extended as it needs to clear its final passage in the Senate and then be passed by the House.

     According to NPR, "Federal unemployment benefits were signed into law in 2008 by President George W. Bush to provide an average of $300 a week to jobless Americans for an additional 28 weeks after their state benefits expired. It was meant as a stopgap measure during the recession, which saw the worst unemployment in decades. As the length and depth of the recession dragged on, the measure was extended more than 10 times."

     So how much will the extension cost?  Approximately $6.5 billion.  More to come as this issue progresses.

If you have been denied unemployment benefits, please contact Ambuter Law for your free case evaluation.