Crowdsourcing harnesses the collaborative nature of the Internet and enables individuals to connect from a labor perspective. It is a distributed problem-solving and production model. In the classic use of the term, problems are broadcast to an unknown group of problem-solvers who then offer their services to provide the work solution to the task posted.

For people like Catherine Fraser, a recent community college graduate from Mountain View, CA, crowdsourcing has become a way to earn extra income. Some of her online micro-tasks began by taking little surveys, transcribing insurance claims, penning product descriptions, with the earning potential from a few pennies to various assignments exceeding  two dollars a “job.”

Today, millions of people worldwide supplement their incomes, by working within virtual worlds such as, Second Life, or by casually “clicking”  to make a few dollars for simple tasks on websites like Amazon.com’s Mechanical Turk.  A study done by industry group, crowdsourcing.org, reported that crowdsourcing labor revenues were up 75% in 2011 reaching $375 million.  The number of crowd-workers continues to rise in popularity with an increase of  more than 100% than the previous year.

With technology changing, many people are wondering whether crowdsourcing workers should be entitled to the minimum payment standards mandated under the FLSA.  On one side of the coin, you could potentially present a great potential for workers and employers alike, making work increasingly more efficient, and enabling globalization and cooperation between workers on an unprecedented level.   The other side of the coin, presents the specter of eroding labor rights, and while the Fair Labor Standard Act does not apply to crowdsourcing, the question is, “will we see cyber labor laws in the future?”

The EEOC reports that there are over 27 million eligible employees with disabilities in the United States, yet the unemployment rate for disabled people has consistently outpaced that of the general population – 12.9 % in 2012 versus 8.7% for others.

U.S. Secretary of Labor, Hilda L. Solis, in an attempt to lower the disabled unemployment rate, has introduced a quota system that could change the way federal contracts are administered.  This quota would require most firms that contract or subcontract with the federal government, to have disabled people make-up 7% of their workforce or more than 50 employees. This change will ultimately allow a greater number of disabled and unemployed individuals  to procure jobs.

While some companies believe that this could cause more problems within the workforce, and ultimately lower their productivity, others are embracing this possible change.  The Executive Diversity Council of Lockheed Martin, explained that they believe that by employing people with disabilities created a more diverse, compassionate, supportive, and flexible workplace environment.   Incorporating “reasonable accommodations” for a disabled employee has a positive impact on an organizational culture, promoting teamwork, reducing conflict and affirming a sense of community and meaning in people’s daily work.  More importantly, respecting people with disabilities is a highly visible value for all “employees.”

To learn more about the disability rights in the workplace please consult our Disabilities Rights page or our Resources section of our website or, if you feel like you have been discriminated against for a disability, please contact us.

Internships are an important part of on-the-job training for many college and high school students, and others wanting experience for a career shift, even years after graduation. Internships have proliferated in business, public relations, advertising, engineering, media, and other fields where “hands-on” experience can augment what was learned in a classroom. However, internships have become a way for some employers to exploit young students or recent graduates.

According to a recent survey by the National Association of Colleges and Employers, 62% of entry-level hires have had internships, as opposed to only 49% in 1997. “Today, an estimated one-third to one-half of the 1.5 million internships in the U.S. are unpaid.”

Under the United States Department of Labor’s Fair Labor Standards Act, there are six criteria that are to be considered in determining whether an employer may legally classify an employee as an unpaid intern:

1. The training, even though it includes actual operations of the facilities of the employers, is similar to that which would be given in a vocational school.

2. The training is for the benefit of the student.

3. The student does not displace a regular employee, but works under the close observation of a regular employee or supervisor.

4. The employer provides the training and derives no immediate advantage from the activities of the student; and on occasion, the operations may actually be impeded by the training.

5. The student is not necessarily entitled to a job at the conclusion of the training period.

6. The employer and the student understand that the student is not entitled to wages for the time spent training.

Some students and recent graduates are so hungry for a job that they’re even willing to work for no money, though that practice is coming under scrutiny.  Diana Wang for example, is a recent graduate of Ohio State University, who filed a class-action lawsuit in February, alleging that her unpaid internship was actually a job for which she deserved compensation.  Whereas landing a good internship can be incredibly important to a job-seeker’s career trajectory, it is important that students/interns know the difference between a positive legitimate internship, and wage theft by an unscrupulous employer.

If you feel you may have fallen victim to such wage theft, please contact us.

According to the Bureau of Labor Statistics, even though women are performing similar jobs as men, they will not climb the corporate scale, simply based upon their gender.  This is where sexism comes into play, and is unfortunately still prevalent today.  This isn’t a blind alley though, there are successful, highly-ranked women in the United States such as Hillary Rodham Clinton, U.S. Secretary of State, and Jeanne Shaheen, U. S. Senator from New Hampshire, who have encouraged other women to fight for their rights.

Hillary Rodham Clinton has made a stand for women’s rights against gender equalization stating: “We must stop thinking about the sex of a person, and focus more about what is best for society. ”  Secretary Clinton has made the case that the inclusion of women is as a vital source of economic growth.  Secretary Clinton has espoused the “Participation Age — where every individual — no matter the gender — has the opportunity to be a contributing and valued member of the global marketplace — including strategies to remove barriers that have prevented women from being full participants in the economy and unlock their potential as drivers of economic growth.”

Traditionally, women were seen to be at home with their children, cooking, and cleaning, not working in a corporate environment.  Sadly,despite the dramatic entry of women into the workplace this myth continues to make sexism prevalent.  Discrimination based on gender should never be tolerated in the workplace, unfortunately, it is a reoccurring theme.

If you feel you have been discriminated against because of your gender in the workplace, please contact us.

Patricia is one of the 52 farm workers that Human Rights Watch interviewed for a new report released Wednesday, this is her story;

Patricia M. came to the U.S. from Mexico when she was 21-years-old, and found a job harvesting almonds. On her third day, the foreman took Patricia to a remote field, where she says he tied her hands with her bandanna to the grip above the truck door, he then got on top of her, stripped her naked, and raped her.  Due to the fear of losing her job, Patricia kept silent, and continued to work at the same farm, “I was afraid they would put me in jail,” she said. “I was afraid they would send me back to Mexico, because I was illegal,” she states. Patricia soon found out she was pregnant, and it was then, she sought help from a social service agency.

Undocumented Immigrants are protected under the Federal and Florida law, which prohibit sexual harassment, and are entitled to workplace protection under U.S. law.   In the report, Human Rights Watch states that it appears that the federal government’s interest in deporting undocumented workers often outweighs its desire to protect them from abuse. Human Rights Watch calls for strengthened legal protections for immigrant farmworkers, not only for the safety of the undocumented workers, but also to seek prosecution of those who perpetrate such abuse.

If you feel like you have been sexually harassed, please contact us.

On Wednesday, May 16, 2012 the Republican party passed their version of the bill to amend and reauthorize the Violence Against Women Act, despite veto threats from the White House because it “fails to include language that would prohibit discrimination against lesbians, gays, bisexuals, transgenders (LGBT) victims.” Democrats and even some Republicans expressed outrage due to the bill’s exclusion of  Native Americans, LGBT and undocumented immigrants from its protection.

Republicans assert  that immigrant women may use fraudulent allegations of abuse to get citizenship. Sen. Debbie Stabenow, D-Michigan, responded “Today we are now debating something else that I never thought that we would be debating, which is whether or not all victims should be protected or just some,”….”And we stand strongly together in saying that every single victim of domestic violence should have the law on their side.”

Sandy Adams, a first-term representative from Florida, believes that victims in general deserve acknowledgment, regardless of citizenship. “”At an early age, I quit high school at 17 and joined the Air Force. Married by 18,” Adams said. “During the marriage, I had a little girl, and I realized really soon that my husband had a penchant for drinking, and when he drank, he turned very mean, very violent.”

Efforts to address violence against women should be directed towards all women regardless of their immigration status or sexual orientation and should not be held hostage by political bickering.

Romantic relationships can be a minefield for companies, causing a major upheaval which can expose them to lawsuits and loss of jobs amongst employees.

At Best Buy, Brian Dunn, a 52-year-old CEO  was allegedly having a romantic relationship with a 29-year-old female employee.  Coincidentally, Mr. Dunn left the position of CEO at Best Buy around the same time that an in depth investigation was being conducted.  The investigation published last week, stated that Mr. Dunn showed “extremely poor judgement” and a “lack of professionalism.”

If you feel you have been a victim of sexual harassment in your  workplace, contact us.

However, Mr. Morphis wasn’t like most employees.  He happened to be the Chief Financial Officer of a public company, Francesa’s Holding Corporation.  Unfortunately, his ruminations cost him his job.  According to Francesa’s Holding Corp., he “improperly communicated Company information through social media.”

Mr. Morphis declined to comment, although his Facebook and Twitter account continue to be maintained and publicly viewable.  He discussed everything from basketball games to holidays such as Christmas and Easter, and occasionally company doings.  For example; on March 6th, he tweeted: “Dinner w/ Board tonite. Used to be fun. Now one must be on guard every second.”   The following day, Mr. Morphis tweeted: “Board meeting. Good numbers = Happy Board.”

Besides exposing confidential information about the Francesa’s Holding Corp., Morhuis’ clever sense of humor was not seen appreciated by the Company.  Because of Mr. Morphis’ poor decisions, he was “terminated for cause.”

In another instance involving Facebook, Gloria Gadsden, a Sociology Professor at East Stroudsburg University in Pennsylvania says, she was suspended last week after posting on her Facebook page a bitingly satiric remark about her rowdy students.  She wrote: “Does anyone know where I can find a very discrete hitman?  Yes, it’s been that kind of day…” In a subsequent posting she remarked: “had a good day today. DIDN’T want to kill even one student. . Now Friday was a different story.”

What’s the lesson?  If you want to make clever and funny comments regarding your workplace, don’t do so in the new public squares of Facebook and Twitter.  However, if you do, you may have some rights that you can avail yourself of, to save you from termination.

For more information, or if you feel like you have been wrongfully terminated, please contact us.

Their boss would call them “grandpas,” “old farts,”and “old bastards.”  So when the eight Texas dockworkers, who all are at least 50 years old, were fired on August 27, 2007 and replaced with younger hires, they thought something discriminatory might be going on.

According to the EEOC, the Company claimed that this was solely a “reduction in force,” however the managers had been tasked with preparing a list of the men to be terminated.  The Company also changed its attendance and disciplinary policy so that the men, who had not had more than a few disciplinary write-ups, were suddenly put on corrective action and eligible for termination under the new policy.

The EEOC filed charges under the  Age Discrimination in Employment Act of 1967 which prohibits discrimination in hiring, terms and conditions, or termination based upon a person’s age. It specifically defines a protected class of employees as those employees over the age of 40 years.

As a result, Central Freight Lines, Inc. not only agreed to pay the men almost half a million dollars, it also plans to create a written age-discrimination policy and train its managers in discrimination law.   The employees of Central Freight Lines stand to benefit, as many of them stay at the Company for a very long while.

If you feel like you have been discriminated against because of your age, please contact us.

Florida’s unemployed workers who are getting federal extended unemployment benefits can soon expect to get letters, if they haven’t already, stating that the additional financial help will come to an end because Florida is being cut off from the government help.

When Florida’s unemployment level reached nine percent (9%) in March, the improvement triggered an end to the state continuing receipt of federal extended benefits  which  is likely to mean a reduction in state benefits.

Prior to the changes effective  January 1, 2012, a person could qualify to receive up to fifty-one (51) weeks of unemployment benefits.  However, any person who applied after  January, 1, 2012 would only qualify for a maximum of twenty-three (23) weeks.

Talk about kicking someone when they’re down….