André L. Honorée and Rusty Juban
This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases…
Abstract
Purpose
This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.
Design/methodology/approach
Utilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.
Findings
The results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.
Practical implications
The study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.
Social implications
Such research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.
Originality/value
No research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.
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Rusty L. Juban and David C. Wyld
Addresses consumer perspectives of Radio Frequency Identification (RFID). States that some consumers put up barriers against new technology, while others welcome innovations…
Abstract
Addresses consumer perspectives of Radio Frequency Identification (RFID). States that some consumers put up barriers against new technology, while others welcome innovations. Idengtifies that market leaders can pretty much use this technology as they wish, meaning boom time for consumer product firms and pain for privacy advocates.
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André L. Honorée, David C. Wyld and Rusty L. Juban
Recently, the Department of Labour’s Fairpay Overtime Initiative was enacted to revamp the previous Fair Labour Standards Act (FLSA) rules governing employee overtime benefits…
Abstract
Recently, the Department of Labour’s Fairpay Overtime Initiative was enacted to revamp the previous Fair Labour Standards Act (FLSA) rules governing employee overtime benefits. This legislation is a significant departure from the past regulations in determining overtime eligibility. In an effort to clarify these new FLSA guidelines, the authors have prepared a detailed model, outlining the process necessary to establish an employee’s exempt/non‐exempt status. Particular attention is apid to the process of correctly classifying employees by recommending the use of functional job analysis procedures in order to administer the newly created job duties test. Comments are then made about some shortcomings of the legislation and issues for managers to consider.
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André L. Honorée, David C. Wyld and Rusty L. Juban
As some time has passed since the enactment of the fairpay overtime initiative of the Fair Labor Standards Act (FLSA), confusion still persists regarding the overtime benefits of…
Abstract
Purpose
As some time has passed since the enactment of the fairpay overtime initiative of the Fair Labor Standards Act (FLSA), confusion still persists regarding the overtime benefits of employees. This is evidenced by the increased level of litigation and class action lawsuits regarding overtime violations. This article attempts to help clarify for employers a number of key issues to consider in the proper classification of employees and calculation of overtime benefits.
Design/methodology/approach
Through analysis of the law and its ramifications, the authors expound upon their previous FLSA Compliance Model and detail the ramifications of numerous opinion letters from the US Department of Labor.
Findings
The specific impact of issues such as the use of non‐discretionary bonuses, stock options, and short call premiums are described to assist employers in the retroactive calculation of the overtime benefits for non‐exempt employees who receive non‐discretionary bonuses. The apparent contradictory positions regarding bonuses and stock options are highlighted, the proper manner to account for short call is addressed, and future directions for research are suggested.
Practical implications
This paper highlights the importance for employers to consider far more than just their non‐exempt employees’ hourly wage rate in the calculation of employees’ regular rate of pay in order to ensure proactive FLSA compliance.
Orginality/value
The value of this paper is that it highlights potential pitfalls for FLSA compliance to practicing managers and yields areas for further consideration by academics in the human resources field.