Many people like to think that gender inequality no longer exists in the United States; however, many working women understand that, despite all of the progress we have made as a country, those types of injustices happen every day. Indeed, pay inequality, which means that people are paid differently based on their sex (gender), is still a wide-reaching problem that is a particularly pronounced in New Jersey. To address this blatant and longstanding problem, the New Jersey Senate passed a law to eradicate such unlawful pay practices. Unfortunately, for New Jersey working women, Governor Christie conditionally vetoed that law on May 2, 2016. [Read more…]
Lenzo & Reis Blog
Earlier this year, a federal judge ruled that a Pennsylvania company with an office in Woodbury Heights, New Jersey owed employees almost $2 million in back wages for forcing its employees to clock out for even very short breaks – including trips to the bathroom. [Read more…]
Anthony Gazvoda, a brave and diligent veteran of the U.S. military, served in Afghanistan as a road clearance specialist. In that role, his job required him to go into enemy territory ahead of other troops, clear out improvised explosive devices (IEDs), and draw enemy fire. [Read more…]
Do American women receive equal pay for equal work?
The Equal Pay Act, signed into law in 1963, was designed to level the playing field for men and women by prohibiting gender-based discrimination with respect to the payment of wages. In other words, men and women in the same workplace are required to be given equal pay for equal work. Now, more than 50 years later, a wage gap remains between the sexes. [Read more…]
The two men, Paul “PJ” Cagnina and Scott Peterson charge that they were repeatedly sexually harassed by their boss, Rick Leukert, during their years of employment at Hooters in Los Angeles and Orange Counties and they are suing both the boss and the restaurant. Both Cagnina and Peterson claim that retaliation followed their complaints about harassment and Peterson reports being fired as a result. It is not clear whether Cagnina is still employed by the company. [Read more…]
What is family responsibility discrimination and is it illegal?
Today, many workers have caregiving responsibilities for children, older adults, or sick or disabled family members. Unfortunately, those workers sometimes face discrimination in the workplace because employers (i) do not want employees’ familial responsibilities to affect the employers’ bottom line, (ii) have preconceived notions about who should be caring for family members, (ii) mistakenly believe that caregivers’ work will be affected by their familial responsibilities, and/or (iv) simply do not understand their legal obligation to provide leave in certain circumstances. Regardless of the reasons for the discrimination, under certain circumstances, it is unlawful to discriminate against employees with family responsibilities. Indeed, that was the basis for a recent case in Bergen County. [Read more…]
I once tried to convince my spouse to have my mom decide all our disputes. He wouldn’t go along with that. I wonder why.
Imagine that you come home one day and your spouse/significant other says “listen, sweetie . . . I know that we really dig each other, that we’ve invested a lot of time into this relationship, and that we are really building something amazing BUT the only way that this relationship will continue is if we agree that my mom, who thinks I’m pretty awesome and who I support financially, will get to decide all of our disagreements going forward.” What would you do? Laugh? Roll your eyes? Run for the hills? Check to see if your spouse/significant other had been abducted by an alien and replaced with a cyborg who bore a striking resemblance to the love of your life but lacked his or her common sense? We bet that there are a thousand things that you’d do . . . at least before you’d ever agree to resolve your disputes that way. Yet, every day employees agree to this very type of arrangement. What are we talking about? . . . Hang in there . . . we’ll explain . . . we always do. [Read more…]
On September 1, 2015, California Uber drivers were granted class action status in a lawsuit demanding that they be treated as employees instead of independent contractors, as well as seeking mileage and tip reimbursement. Uber filed an appeal on September 15. The battle over classification of Uber drivers is ongoing. The California Employment Development Department (EDD) earlier ruled that a former California Uber driver was indeed an employee, entitling him to unemployment benefits. That decision was upheld twice on appeal and the case finally came to a close in September. [Read more…]
On September 24, 2015, the Equal Employment Opportunity Commission (EEOC) announced that Central Refrigerated Service agreed to settle an age and sex discrimination charge filed by the agency. The EEOC says that a strength test the company required truck driver applicants to take discriminated against women and those over the age of 40. The test required more strength than what was needed for the position, according to the agency. Central does not admit liability and says it settled because it no longer uses the test in question.
The strength tests were administered by a third-party called WorkWell, Inc. Central no longer uses WorkWell and, as part of the settlement, agreed not to use WorkWell strength tests as a condition of employment in the future. [Read more…]
On August 24, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Target Corporation has agreed to pay $2.8 million to resolve a charge of hiring discrimination. The EEOC found that three assessments formerly used by the company screened out applicants based on race and gender, and one violated the Americans with Disabilities Act (ADA). Thousands of people were adversely affected by Target’s discriminatory practices, and the money is to be distributed among them. [Read more…]