Arguing for Summary Judgment Against Alternative Theories of Proving Discrimination
By Don Benson, Esq. A new Eleventh Circuit case is being criticized for changing the standard for summary judgment in a discrimination case. Jefferson v. Sewon America, Inc., No. 17-11802 (June 1, 2018) This is incorrect. Although it does not
Summer Interns: Paid or Unpaid?
Written by: Don Benson, Esq. Every summer, many employers take on “interns” and ask whether the intern must be paid. If interns, trainees and students are “employees” of a “for-profit” employer under the Fair Labor Standards Act, th
Columbus Partner Melanie Slaton on the Importance of Having Harassment Policies for the Workplace
In this short informative video presented by Columbus CEO, Columbus partner Melanie Slaton discusses the importance of having a harassment policy for your workplace and why employees should have a better understanding about what harassment i
USCIS to Conduct Interviews for Employment Based Adjustment of Status Cases
by: Ashik Jahan, Esq & Carolin Esterl On August 28, 2017, USCIS (United States Citizenship and Immigration Services) made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on Oc
Proving Effective Communication With Deaf Patients
By Don Benson, Esq. and Eric Hoffman, Esq. When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”) o
Is “Hispanic” A Race Or An Unprotected Ethnicity Under § 1981 And Title VII?
By Don Benson, Esq. The Second Circuit issued an opinion on February 16, 2016, holding that “Hispanic” is a race for the purposes of both 42 U.S.C. §1981 and 42 U.S.C. § 2000e, Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (
The ADA and Job Transfers
Written by: Don Benson, Esq. On December 7, 2016, the Eleventh Circuit Court of Appeals found that a Hospital did not violate the Americans With Disabilities Act when it refused to allow a disabled employee to transfer to another, open position
Injunction Stops New DOL Rule Increasing Salary Level Test: Now What?
Written By: Don Benson, Esq. Many employers have been asking what is next step for them in light of the injunction issued 112/22/16 in the U.S.D.C. Texas holding that the DOL may not impose the new higher salary level for jobs exempt from overt
Do Employees Get Time Off to Vote?
Written by: Don Benson, Esq. With every election, employers need to revisit their rules on letting employees off to vote, and whether such leave needs to be paid leave. For the most part, this will be governed by the state law of where the empl
Congressional Move to Delay DOL’s Overtime Rules
Written by: Don Benson, Esq. Despite the threat of a presidential veto and numerous Democratic objections, the U.S. House of Representatives voted 246-to-177 on September 28, 2016 to delay by an additional six months the U.S. Department of Labo