Magazine article HRMagazine

Legal Briefs

Magazine article HRMagazine

Legal Briefs

Article excerpt

HISPANIC ETHNICITY QUALIFIES AS 'RACE' UNDER ANTIDISCRIMINATION LAW

A non-Hispanic white employee can pursue a claim that his employer discriminated against him by favoring a Hispanic employee, the 2nd U.S. Circuit Court of Appeals ruled. The court recognized that Hispanic identity constitutes a "race" under the federal civil rights employment laws, and thus a non-Hispanic individual can sue for discrimination when passed over in favor of a Hispanic individual under those laws.

EMPLOYEE'S OVERTIME CLAIM UNDER FLSA REJECTED

An employee failed to win a claim for overtime under the federal Fair Labor Standards Act (FLSA) because she couldn't show that the employer had knowledge of the overtime hours allegedly worked, the 5th U.S. Circuit Court of Appeals ruled. Although the employee failed to report her overtime hours, she claimed that the organization could have verified that she worked the extra time. …

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