Holman Schiavone, LLC

December 2012 Archives

Teens more vulnerable to sexual harassment in the workplace

Have you ever been told an inappropriate sexual joke that makes you feel uncomfortable? Have you ever been approached through an unwelcome comment or behavior based on your gender -- the kind that almost makes your skin crawl? Have you ever been touched on the shoulder, on the back or even on the bottom without your consent? You may have experienced sexual harassment, and according to a recent survey, more teens than we think are being put in this position every day.

Accents and English proficiency fall under national origin protection

Working environments in Kansas vary in terms of settings and job duties. Another aspect that is present in many Kansas and Missouri working environments is the diversity of workers. Employee diversity is an important part of business life for many employers and also an important aspect for fellow employees to recognize.

Even 'belligerent' employee entitled to earned compensation

When an employee is terminated from their employment, a company often tries to make it short and uneventful. Sometimes when an employee is terminated in such a manner, the employee may not receive their entitled wage compensation for all final hours worked for the employer. If the employee is fired for protected reasons in Missouri, the employee may have a cause of action for wrongful termination and an additional cause of action for failure to pay.

Kansas City employees left with decision over who goes

There is a lot of downsizing going on in the job market, and employees at every level are the ones that are being let go. The decision of who to terminate involves a lot of different factors, but management usually makes the determination and the employee has little say in the matter.

$672,333 recovered by DOL after wage and hour violations

For most of us, we go to a restaurant, we judge the waiter on the type of service that we receive and we give them a tip. Those tips are important for waiters, but what about the rest of the staff that works at the restaurant? The bus boys, cooks, hostesses and dishwashers most often do not get a portion of those tips and heavily rely on the minimum wages that they are paid. In this economy, restaurant attendance is down, putting even more reliance on the minimum wage salary for servers as well.

Dillard's pays $2 million for sick leave discrimination

Nearly everyone gets sick at some point during their employment. For most of us, the time we get sick can easily conflict with our work schedule. When an employee is sick, the employee can typically call in sick to their employer and be excused from their work obligation for the day or period of time. The use of sick leave in Kansas and Missouri generally seeks to prevent employee discrimination by protecting the employee from unlawful intrusion into the employee's medical record by the employer.

Some pregnancy and gender discrimination may not be so obvious

Women have fought hard for their ability to choose to be a mother and/or have a career. Some choose to focus solely on their professional development while others choose to focus completely on their children. What about that group in between who choose to find their own balance between both roles?

Employees shouldn't be scared to request FMLA leave

The Family and Medical Leave Act provides workers with a way to take off a little extra time for family and medical needs when they arise. FMLA allows for workers to not only take the unpaid time off, but to continue having employer-provided health care coverage as well as security that their job will be available for them when they return.

Wet Seal in federal court over race-based discrimination

When discrimination based on race occurs, it can affect a single individual in a single instance or over time or it can affect an entire class of people under a discriminatory policy. According to one woman who previously worked for Wet Seal, it occurred within the company in both forms. At the heart of both complaints is an email from the vice president stating that there were simply too many African Americans employed at one location.

Flight attendant's migraines the basis of wrongful termination?

Everyone gets sick, but what if the illness begins to interfere with the ability to perform a job? When an employee is sick at work and needs special accommodations to perform his or her duties, can the employee be fired? When an employee is terminated in Kansas and the termination is related to a medical condition the termination may constitute a wrongful termination.

Loopholes used for retaliation against whistleblowers closed

The federal government continues to incur debt, and while legislators cannot agree on exactly how it to gain and allocate federal funds, they don't want them wasted. Federal employees who report any fraud, waste or abuse that is being committed during government operations are protected under federal law from retaliation.