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Company Appeals Damages Award To Former President, Argues No Actual Damages
Case: Patrick Hurley v. Kent of Naples, Inc., et al., No. 13-10298, 11th Cir....(read more)
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Rite Aid Argues FLSA Does Not Require Time-Off Policy Its Pharmacists Demand
Case: Thomas B. Kulish, et al. v. Rite Aid Corporation and Eckerd Corporation, d/b/a Rite Aid, et al., No. 13-1044, 4th Cir.; See April 2013, Page 61....(read more)
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Michigan Attorney General Moves To Dismiss Challenge To State Right-To-Work Law
Case: Michigan State AFL-CIO, et al. v. Edward D. Callaghan, et al., No. 13-10557, E.D. Mich.; See March 2013, Page 74....(read more)
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Union Argues DOL Misinterprets Law, No Deference Necessary
Case: Hilda L. Solis v. Postal Police Officers Association, No. 12-4390, 6th Cir.; See March 2013, Page 76....(read more)
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8th Circuit: Police Officers Failed To Prove Alleged Unpaid Overtime Hours
ST. LOUIS - Kansas City, Mo., police officers who alleged that they were denied overtime compensation are owed nothing by their employer because they failed to provide any proof of actual damages, the...
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Court: No Penalties For Employer That Failed To Timely Pay For Unused Vacation
VENTURA, Calif. - A California corporation violated California Labor Code Sections 227.3 and 201 when it failed to immediately pay terminated employees for all their vested vacation time, as its...
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Magistrate Judge Certifies Class Of Plant Workers Seeking Wages Under State Law
NEW YORK - A New York federal magistrate judge on May 6 certified a class of food-processing plant employees suing for unpaid wages, overtime and spread of hours compensation under New York state law;...
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3rd Circuit: Employee Who Could Earn Bonuses Failed To Prove Overtime Claims
PHILADELPHIA - A production company employee who could receive additional compensation for working off-site events failed to prove that she was an hourly employee who was owed overtime, the Third...
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Real Estate Sales Agents Conditionally Certified In Wage-And-Hour Suit
PHOENIX - An Arizona federal judge on May 3 conditionally certified as a collective action a lawsuit filed by real estate agents alleging that they were denied minimum wage and overtime (Patricia...
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California Federal Judge Partially Stays, Partially Dismisses Compensation Suit
SAN FRANCISCO - A California federal judge on May 3 partially granted and partially denied motions to stay and dismiss a class complaint seeking unpaid compensation filed by a former personal trainer,...
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FLSA Statute Of Limitations Doesn't Preempt Competition Law Claims,...
SAN JOSE, Calif. - The shorter statute of limitations in the Fair Labor Standards Act (FLSA) does not require preemption of California unfair competition law (UCL) employment claims, a federal...
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U.S. High Court Hears Arguments On Proof Of Title VII Retaliation Claims
WASHINGTON, D.C. - A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW)...
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5th Circuit Upholds Account Executive's Firing In Order To Cut Costs
NEW ORLEANS - A former account executive failed to show that cost cutting, the reason given for her termination, was pretext for retaliation, the Fifth Circuit U.S. Court of Appeals ruled April 24,...
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NLRB Petitions Supreme Court For Review Of Quorum Issue
WASHINGTON, D.C. - The president's appointment of three members to the National Labor Relations Board in 2012 during a time when the U.S. Senate decided "no business $(was to be$) conducted" was proper...
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D.C. Circuit: NLRB May Not Require Employers To Post Rights Notification
WASHINGTON, D.C. - Employers have a right to remain silent and, as a result, the National Labor Relations Board rule requiring employers to post a "Notification of Employees Rights Under the National...
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Split Colo. Appeals Court: Employers May Fire Employees For Medical Marijuana...
DENVER - Colorado employers are not barred from terminating employees for off-the-job use of medical marijuana, the Colorado Court of Appeals ruled April 25 (Brandon Coats v. Dish Network, L.L.C., Nos....
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Jury Awards Disabled Farm Workers $240 Million For Abuse And Discrimination
DAVENPORT, Iowa - An Iowa federal jury on May 1 awarded $240 million to a group of 32 male workers with intellectual disabilities, employed by Hill Country Farms (doing business as Henry's Turkey...
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7th Circuit: Worker's Bias Claims Fail As She Could Not Not Perform Her Job...
CHICAGO - An employee who suffered permanent lifting restrictions following an on-the-job injury failed to show that she was discriminated against when she was denied two different positions based on...
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11th Circuit Upholds Employer's Right To Order Psychological Evaluation
ATLANTA - Requiring an employee to undergo a psychiatric/psychological fitness-for-duty evaluation does not violate the Americans with Disabilities Act, the 11th Circuit U.S. Court of Appeals ruled May...
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8th Circuit Affirms Summary Judgment Ruling For Medical Center
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to grant summary judgment for a medical center, finding that an employee who suffered from seizures at...
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