Employment Blog

Deliberate Indifference to Racial Bullying Wins Black Teens Settlement

Jayla Tolliver and Taylissa Marriott, two black teens attending Swope Middle School, say that despite reporting several instances of racial abuse and harassment, school officials showed indifference toward their complaints and did not address their concerns in a helpful manner. Several lawsuits have set the precedent here that children in a school setting do not have their constitutional rights suspended simply because they are at school. The same laws and

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Dotty’s Casino Chain Settles $3.5 Million Discrimination Case

The popular casino chain, Dotty’s, was forced to settle a $3.5 million claim alleging disability discrimination earlier this month. The EEOC claimed the Dotty’s was in violation of the Americans with Disabilities Act. Lawyers for the EEOC alleged that Dotty’s fired or forced employees to quit because they were considered disabled, had a record of disability, or were associated with someone else who had a disability. This constitutes a bizarre

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Equal Rights Amendment One Step Closer to Passage

In 1923, suffragettes and women’s rights activists drafted the Equal Rights Amendment. It was introduced into every session of Congress thereafter until 1973 when it passed in both the House of Representatives and the Senate. Immediately thereafter, 22 states ratified the amendment. However, the Constitution requires 38 states vote to ratify a new amendment to the Constitution. In 2017, Nevada became the 36th state to ratify the Equal Rights Amendment.

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Amazon’s Legacy of Employee Abuse

While Jeff Bezos rakes in billions of dollars, employees at Amazon warehouses complain of poor compensation and dangerous working conditions. Now, one Amazon warehouse contractor has been sued by employees and forced to settle for a reported $1.9 million. The plaintiffs supplied a litany of allegations against California Cartage Co., a logistics contractor, and a group of staffing companies that housed Amazon products. Those included: Wage theft; Failure to comply

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Fox News Settles Racial and Gender Discrimination Suits

Fox News has been forced to dish out nearly $10 million in settlements for multiple lawsuits that allege both gender and racial discrimination. Most of the suits brought against Fox alleged racial discrimination, but some alleged gender discrimination and retaliation. The deal was announced on May 16th. It was, however, the sexual harassment lawsuits against Roger Ailes and notable pundit Bill O’Reilly late last year that made major headlines. O’Reilly

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Former Broker Alleging Gender Discrimination in Merrill Lynch Fallout

Betsy Whipple, a former Merrill Lynch stockbroker, levied a blistering complaint against the brokerage firm last month. Whipple, who originally worked for Morgan Stanley, boasted a book of business worth over $20 million. The complaint accuses Merrill Lynch of gender discrimination but lists a number of other complaints that range from theft of services to breach of contract. When Whipple began at Merrill Lynch, the firm miscoded her commission at

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Equal Pay for Equal Work Advocates Get Encouraging Decision

For the past 50 years, it has been illegal for employers to offer one salary to a woman and a different salary to a man, given all other aspects of a situation being equal. That is to say, it is illegal to discriminate against women by offering them a lower salary than their male counterparts. However, what happens when a company offers employees salaries based on their previous employment? That

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Do Civil Rights Protections for Workers Extend to Schools as Well?

According to Title VII of the Civil Rights Act, an individual may not be discriminated against in the workplace based on race, sex, nation of origin, religion, or disability. For instance, if an individual was being harassed at work, being called racial slurs or sexually derogatory names and management allowed this to continue without addressing the problem, then that individual would have cause to sue under anti-discrimination laws citing a

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#MeToo Campaign Puts Workplace Sexual Misconduct in the Spotlight

It began amid the allegations made by high-profile actresses against Harvey Weinstein. They reported that Weinstein had used his position as a producer and the co-founder of Miramax to lure aspiring actresses into his hotel room with promises that if they performed sexual favors for him, it would help their careers. In addition, at least 13 individual women accused Weinstein of rape or sexual assault. What followed was the #MeToo

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Former Employees Fight City Hall Over Failure to Investigate Sexual Harassment Claim

Reporting instances of inappropriate behavior to a supervisor, boss, or human resources administrator should not be a difficult process. Employees are entitled to a safe, comfortable workplace. More often than not, when sexual harassment lawsuits are brought to employment attorneys, it is because a company has failed the basic standard of protecting its employees in their workplace environment. It is even more disturbing when the workplace in question is administered

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Chipotle Accused of Wage Theft in Massive Class Action

It is estimated that employers steal billions of dollars from their employees in unpaid wages every year in the US. While it certainly keeps the employment lawyers at HKM very busy, it is unfortunate that American workers have to go through the legal system in order to get what is entitled to them under US law, contractual agreement, and basic business ethics. It is especially difficult for employees who may

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Nevada Supreme Court Decision Allows Employees to Sue for Wage Violations

In December of 2017, the Supreme Court of Nevada ruled that employees were entitled to file private suits against employers for unrecovered wages or other wage violations. Beforehand, employees were forced to file claims with the Nevada Labor Commissioner. The law, in effect, did not state that employees were expressly prohibited from filing claims in civil court, nor that they had any explicit right to do so. The decision came

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Are Strippers Employees? Why This Question Matters

While many feel that sex work is by its very nature exploitative, the question of whether it qualifies as legally exploitative revolves around one central issue: Should strippers be classified as employees or independent contractors? On the surface, this question may seem trivial. The fact of the matter is that there are hundreds of thousands of Nevada employees who have cause against their companies for being misclassified as independent contractors

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Tesla Hit with Class-Action for Racial Discrimination

In recent events, Tesla Inc. has been hit with multiple discrimination and workplace harassment lawsuits stemming from conduct committed by supervisors toward black workers at its Fremont factory in California. Both Nevada and California have similarly strict laws on employer conduct in the workplace. The claim was filed by Marcus Vaughn on behalf of a large class of black workers operating out of the Fremont plant. Vaughn alleges that black

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Successfully Litigating a Sexual Harassment Claim in Nevada

Those who have suffered sexual harassment in the workplace are often so overwhelmed by the experience that they neglect to handle it correctly in terms of the law. In order to bring litigation against an employer for sexual harassment, an employee must be able to show that the employer was negligent in reprimanding other employees or managers for inappropriate behavior or that workplace advances persisted even after an employee made

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When Discriminatory Behavior Produces a Hostile Workplace

Fans of television shows like The Office May think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as a hostile work environment depends on the extent to which one is subject to discrimination and whether that discrimination makes

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How Nevada Employees Should Handle Wrongful Termination

Losing one’s job is never easy, but it is a fact of life in every economy—Nevada’s included. The unpredictability and consequence associated with job loss can be extremely detrimental to one’s welfare and future. In addition to pursuing a new line of work, one must of course deal with bills continuing to pile up in the meantime. Whether you may be a young professional or otherwise supporting a family, those

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Nevada Whistleblowers Should Not be Afraid to do the Right Thing

Registered nurse and former clinical manager Joanne Cretney-Tsosie filed a lawsuit against Nevada-based Creekside Hospice several years ago in a bid to expose fraudulent practices pertaining to patient admission and eligibility, issues impacting the submission of reimbursement claims to Medicare. The case was settled this summer to the tune of $53 million, implicating conglomerate Genesis Healthcare. In this instance, and eventually with the government’s help, illegal practices were exposed and

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Major Nevada Discrimination Case Does Not Go Delta’s Way

Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original claim that Delta failed to render proper accommodation to an HIV-positive employee and later terminating said employee after a related

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How to Know if Employment Discrimination is Impacting You

Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination under the federal Equal Pay Act, a law that Nevada employers must follow as well. As recently reported by CNN

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What Nevada Medical Marijuana Users Should Know About Their Employers

Federal law remains unkind to those inclined to use marijuana for any reason, but many states, including Nevada, have taken a slightly different approach. That may create some confusion for employers and employees alike. If you work in Nevada and wish to use marijuana for medical purposes, are you allowed to do so? While engaging in marijuana use while you are actually at work is generally a pretty bad idea,

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New Nevada Pregnancy Law Now in Effect: What Employees Should Know

A new Nevada pregnancy law is about to make a significant impact on how employers do business internally. What, however, does that mean for employees themselves? If you are an employee who is pregnant or may become pregnant, there are a few things you should know about your new rights and what it means to exercise them. There are indeed some responsibilities on your end, particularly if you wish to

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Employees Should be Informed on Possible Wage Revisions

Northern Nevada Business Weekly recently reported that local employers must remain on alert for the extent to which wage-based regulations may be subject to federal revision and impact their management practices as a result. In particular, there may be a revision of current policy involving tip-pooling and businesses that would distribute said pool to employees that otherwise do not receive tips (e.g. a cook). With laws subject to change, employers

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Nevada Sex Discrimination Suit a Reminder of Employees’ Rights

While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their employees in an equitable fashion. A recent Nevada lawsuit pertaining to sex-based discrimination serves as only the latest evidence that

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Nevada Senate Sexual Harassment Investigation and What Every Employer Should Know

Recent news pertaining to a former state senator has put the question of sexual harassment front and center in Nevada politics, serving as a valuable reminder for employers who must confront the issue, as well. Recent reports indicate that investigation of now-resigned Sen. Mark Manendo has cost the state between $65,000 and $70,000, according to the Nevada Appeal and Las Vegas Review-Journal. While details were released amid requests by the

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What a Hostile Workplace May Mean for Your Nevada Business

 Tech giant Google recently made headlines after firing an employee who distributed a controversial memo regarding the company’s diversity-based programs and the extent to which it potentially created a sub-optimal corporate culture. Was the company’s decision just a matter of sour grapes? Not according to Google. Known for its seemingly omnipresent search engine, the corporation rather argued that the employee, James Damore, had contributed to a hostile working environment for

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What Discrimination Law Means to Your Business

As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side of the law. There is no shortcut when it comes to treating employees fairly. That is especially true when it

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Knowing the Rights of Your Nevada Employees

While your company is itself subject to legal protections, there is still no doubt that it must conscientiously navigate the rights of its employees and of those prospective hires that may soon be. So long as your business acknowledges those rights appropriately, it will have remained on the right side of important laws and be less likely to face potentially costly disputes down the road. Consultation with an attorney may

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What Your New Nevada Business Should Know About Employment Law

New businesses often have an exceptional grasp of their industry and marketplace in general, but a new business owner should familiarize him or herself with pertinent laws, too. Companies opening up shop in Nevada are no exception. Unless you happen to be an already-large corporation with an in-house legal team, consulting with a local attorney can be an important step in the right direction early into your planning process. An

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Nevada Bill Outlines Obligations to Employees Affected by Domestic Violence

Beginning in 2018, Nevada employees subject to domestic violence, whether experienced personally or amid household, will be entitled to accommodation from their employers. Specifically, Senate Bill 361 requires that those impacted by domestic violence be afforded leave on account of those circumstances. It also prohibits any kind of discrimination against said employees. Governor Brian Sandoval signed the act into law earlier this year. Given the expansive interpretation of domestic violence

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What SB 253 Means for Employers of Pregnant Workers

It just became a bit easier to be a pregnant woman in Nevada, a sign of times that increasingly require recognition of gender-based entitlement in the workplace. As employers fully embrace the 21st Century, their responsibilities are now a bit more commensurate with the needs of workers whose obligations do not stop at their office doors. Nevada Pregnant Workers’ Fairness Act—product of Senate Bill 253—aims to streamline protections for expectant

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Amazon’s Security Check Case Goes To The Supreme Court

A few years ago, contract workers at a Nevada Amazon warehouse filed a lawsuit in federal court against Amazon and their employer, Integrity Staffing Solutions, a contractor for Amazon. The lawsuit claimed the workers were entitled to unpaid wages for time spent waiting in line for security screenings before breaks and after shifts. Amazon requires these screenings for inventory control purposes. While the lines could be long during regular working

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Court Decides that FMLA Covered Las Vegas Trip

The Seventh Circuit Court of Appeals recently upheld an interesting decision regarding the scope of the Family and Medical Leave Act (FMLA). FMLA provides up to 12 weeks of unpaid leave for employees for qualified reasons, without the fear of losing their jobs. Qualified reasons include serious medical conditions, birth or adoption of a child, or even caring for a close relative with a serious medical condition. Employees should notify

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