Court Says Employee Cannot Claim Discrimination Not Asserted Before Administrative Agency, But Also Says The Employee Does Not Forego Claims In Court By Seeking Arbitration

Court Says Employee Cannot Claim Discrimination Not Asserted Before Administrative Agency, But Also Says The Employee Does Not Forego Claims In Court By Seeking Arbitration

In Nuey v. City of Cranston, the United States District Court for the District of Rhode Island recently ruled that an employee cannot bring a claim for a particular type of discrimination in court when the employee did not specifically identify that type of discrimination in an administrative complaint before the state agency charged with investigating discrimination.

Rhode Island salon employee’s lawsuit gets a trim

The decision provides a reminder that employees must tie their FLSA claims to unpaid minimum wages or overtime, and that private individuals (as opposed to the government) lack standing to sue for alleged violations of the state’s Sunday and holiday pay statute.

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