October 2nd, 2008
The Supreme Judicial Court of Massachusetts has reversed a lower court order decertifying a class action against Wal-Mart for meal break and unpaid wage violations. In addition to reversing the order, the Court ordered the class certified and reversed an award of partial summary judgment in favor of Wal-Mart. Law.com has a story here. Other blogs have posts on the case here, here and here. A copy of the opinion is here.
The case is yet another harbinger of the continued spread of wage and hour class actions throughout the nation like kudzu. Employers are well advised to invest the resources in ensuring wage/hour compliance before the class action arrives at the door.
Tags: Class Actions, FLSA/Overtime
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October 2nd, 2008
Recent jury verdicts and settlements after the break.
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Tags: Jury Verdicts, Settlements
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September 22nd, 2008
A transgender woman has won a bench trial in the U.S. District Court for the District of Columbia on her claim under the Civil Rights Act of 1964 for discriminatory refusal to hire based on gender. The court’s opinion can be found here. Additional news coverage of the case can be found here, here and here.
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Tags: Discrimination, Transgender
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September 22nd, 2008
The Ohio Employer’s Law Blog has a post on a study performed on employment lawsuit outcomes in federal court from 1979 to 2006. The conclusion? No surprise — it is better for defendants in employment lawsuits to be in federal court. Apparently the plaintiff’s bar has discovered this as well, as the study shows a steep drop in federal court employment law filings — 37% from 1997 to 2006.
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September 18th, 2008
Congress has passed and forwarded to President Bush a bill substantially amending the ADA. News reports indicate that the President will sign the bill. Stories are here and here.
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September 16th, 2008
Workplace Prof Blog has a post today here on a decision by the U.S. Court of Appeals for the Sixth Circuit. The case drew our attention because it relied on a decision by the Fourth Circuit in concluding that an employer’s failure to accommodate a disabled worker can be grounds for a constructive discharge claim. The court’s opinion is here.
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Tags: ADA
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September 16th, 2008
We have not posted jury verdicts and settlements in a little while, so there are a number of them to report on. The list is after the jump.
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Tags: Jury Verdicts
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September 15th, 2008
According to the Washington Post, a ruling by the Court of Appeals in Maryland overturning a referendum has allowed the Montgomery County ordinance prohibiting transgender discrimination to take effect. The story is here. The Maryland Court of Appeal’s per curiam order is here. The County Council news release about the ruling is here. Our original post about the ordinance is here.
Tags: Discrimination, Maryland
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September 15th, 2008
According to Workplace Prof Blog, attorneys at the recent American Bar Association Labor & Employment Law Conference predict an increase in job bias cases as the economy slows down. Click here for the post.
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September 15th, 2008
The USCIS has recently notified 7 companies that they face debarment because each has been found to be unlawfully employing persons without employment authorization. The FAR explicitly provides that contractors may be considered for debarment if they knowingly hire an unauthorized worker or continue to employ an alien who becomes unauthorized.
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Tags: Government Contractors, Immigration
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September 9th, 2008
Workplace Prof Blog has an interesting post here on a case from the U.S. Court of Appeals for the Seventh Circuit affirming the dismissal of an FMLA case on summary judgment because the employee had only worked 1249.8 hours during the preceeding twelve months. In other words, the plaintiff missed FMLA eligibility by 12 minutes. From a practical standpoint, this is one good reason to maintain accurate records of employee leave.
Tags: FMLA
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September 9th, 2008
For those interested in ERISA, the Boston ERISA and Insurance Litigation Blog has a post here on a decision by the U.S. Court of Appeals for the First Circuit holding that a plaintiff must produce evidence of specific intent to retaliate for filing a claim for benefits in order to survive summary judgment.
Tags: ERISA
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September 8th, 2008
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues. The EEOC’s press release can be found here, and the Q&A Guide itself can be found here.
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Tags: ADA, EEOC
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September 5th, 2008
The U.S. District Court for the Eastern District of Virginia, Alexandria Division, awards attorneys’ fees and costs to the employer on a breach of contract claim brought on the basis of an employment agreement that was terminated. A copy of the opinion is here.
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Tags: Breach of Contract, Tortious Interference, Virginia
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September 5th, 2008
Companies involved in producing products or components of products to be used in US defense systems should take note of the following case.
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