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Huntington Legal Issues Blog

Were you passed over for promotion because of your age?

Perhaps you have worked for a manufacturing company for two decades. The business has expanded in that time, and you are partially responsible for its success.

You feel discouraged because you have a new manager who passed you over for promotion, choosing a younger, less-experienced person for the job. Is this age discrimination?

Retaliation against hospital workers

Recently, a retaliation lawsuit from New Jersey grabbed national headlines. In that case, a nurse who had worked at the same hospital for more than three decades complained about healthcare professionals misusing Benadryl to make overnight patients drowsy. After her report, though, the nurse received a poor performance evaluation and had to work on a floor that did not match her skill set. 

Retaliation occurs when an employer takes adverse employment action against a worker for blowing the whistle on impermissible conduct, filing a legal claim or otherwise exercising his or her legal rights. While retaliation can happen in any workplace, the unique nature of hospitals often creates a perfect breeding ground for it. 

Blowing the whistle on sex discrimination

Sexual harassment and sex discrimination have no place in society. As recent headlines suggest, though, the U.S. workforce has a long way to go in eradicating unacceptable behaviors. As you likely know, stopping discrimination often requires speaking up. 

According to the Pew Research Center, more than 40% of women in the United States have experienced some type of sexual harassment or sex discrimination in the workplace. Whether you fall into that group or are simply thinking about exposing a serious problem at your office, there are some practical considerations about whistleblowing you should think through. 

More motorcycles, more older riders, more injuries and death

Now that spring is here, motorcycle riders are getting their Harleys and Yamahas out of the garage, polishing them up and taking them out for a spin.

Many of these riders are baby boomers who finally have the time and wherewithal to indulge in fast, two-wheeled enjoyment. However, the injury and mortality rate for senior motorcyclists is rising.

Cheerleading danger: What no one is talking about

There are few all-American activities more wholesome than cheerleading. The pressure to win encourages each team to push the limits as stunts become harder, faster and higher each year.

Cheerleaders who make the team in junior high and high school fill positions depending on weight, agility, flexibility and strength. Team members throw girls called flyers up to 20 feet in the air. These cheerleaders are lightweight, agile and good at gymnastics. Those who have strength, mass and power form the base for pyramids or other stunts where they help to catch flyers.

Why employees avoid reporting harassment and discrimination

If you are experiencing harassment or discrimination in your workplace, you may be wondering whether you should speak up or not. Some employees in this situation decide to stay quiet because they believe that the consequences of speaking up will outweigh the benefits.

While there are many reasons why employees decide not to say anything about a situation, reporting harassment and discrimination at work can be a very constructive step not only for you but also for your fellow co-workers.

An overloaded truck can cause rollovers and other crashes

There are numerous state and federal regulations designed to prevent the overloading of commercial trucks, but the practice still occurs.

West Virginia has its share of logging and coal trucks. However, it is the big rig carrying overloaded cargo that may present the greatest safety concern to motorists.

Is HR the best place to lodge a discrimination complaint?

Before you go to the human resources department complaining that you are experiencing discrimination issues, think carefully about your claim and what HR will do about it.

Depending on the nature of the problem, HR may or may not act. Furthermore, they may or may not keep your complaint and the information you provide confidential. So, do you have another option?

Have you been incorrectly classified as an exempt employee?

Employers must adhere to the Fair Labor Standards Act in classifying their employees as either exempt or non-exempt. Misinterpreting or ignoring the regulations can lead to penalties, fines and the payment of back wages where applicable.

If you believe your employer is deliberately classifying you as an exempt employee to keep from having to pay you for the overtime hours you are working, it is time to reach out for legal assistance.