ELB
Showing 65–80 of 258 results
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Critical comments lead to age discrimination lawsuit
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 553
Abstract: A supervisor’s ill-timed disapproving remarks about an employment process can be misconstrued by an employee and expose the organization to legal repercussions. This article describes a case in which an appeals court considered whether, as the plaintiff argued, the critical comments of a manager demonstrated age-based stereotyping in violation of the Age Discrimination in Employment Act (ADEA).
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Shifting sands – Consistency important when handling FMLA leave
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 616
Abstract: An employee requesting FMLA leave puts a high degree of administrative responsibility on an employer. Should the organization later decide to take an adverse action against that employee, its reasons for doing so must be rock solid. This article describes a case in which an employer appeared to build its legal defense on shifting sands and saw the case go to trial because of it.
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Definition of a salesman: An FLSA case
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: The Fair Labor Standards Act exempts from overtime pay “any salesman, partsman, or mechanic primarily engaged in the selling or servicing of automobiles.” But does this apply to an auto dealership’s “service advisors”? This article answers that very question per a recent decision by the U.S. Court of Appeals for the Ninth Circuit.
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The summary judgment standard – Fourth Circuit makes important points in ADA case
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 974
Abstract: A plaintiff claiming violations of the ADA is never good news for an employer. This article looks at a case that not only shows one employer’s missteps in the ADA accommodation process, but also sheds light on the summary judgment standard to which trial courts often must adhere. A sidebar describes another case that delves deeper into the importance of employers engaging in a good-faith interactive process with employees seeking ADA accommodations.
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Follow the steps: An ADEA case
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 593
Abstract: The concept of progressive discipline generally refers to a series of corrective steps a troubled employee must follow to correct employment-related shortcomings. If an employer stumbles when applying these steps, however, its legal arguments may fall flat in court. This article looks at a case in which an employer met just such an ill fate when an employee filed claims under the Age Discrimination in Employment Act. Soto-Feliciano v. Villa Cofresi Hotels, Inc., No. 13–2296, Feb. 20, 2015 (1st Cir.)
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How to identify the similarly situated – Eighth Circuit takes hard look at comparable employees
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 921
Abstract: When looking to establish pretext for alleged racial discrimination, courts often look to “similarly situated” employees at the same organization. This article reviews a recent case that provides a good working example of this practice. A sidebar looks at a much earlier decision from the same appeals court regarding similarly situated employees. Austin v. Long, No. 14-2044, Feb. 23, 2015 (8th Cir.) E.E.O.C. v. Kohler Co., No. 02-2447, July 10, 2003 (8th Cir.)
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Applying the “economic realities” test in employee classification
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 774
Abstract: To mitigate legal liability, employers are urged to step carefully when engaging independent contractors. Anyone interested in a real-life reason why need look no further than a recent decision handed down by the U.S. Court of Appeals for the Sixth Circuit. This article covers the ruling, in which the court applied the “economic realities” test to determine whether a plaintiff’s claim to overtime pay under the Fair Labor Standards Act (FLSA) should stand. Keller v. Miri Microsystems LLC, No. 14-1430, March 26, 2015 (6th Cir.)
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Dress code or discrimination? Supreme Court rules on case involving religious headscarf
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 712
Abstract: The U.S. Supreme Court recently handed down an important decision regarding Title VII of the Civil Rights Act of 1964. The ruling arose from a dispute between a Muslim plaintiff and the employer who refused to hire her because her headscarf (or “hijab”) violated the company’s dress code. This article describes the factors considered by the High Court in a case demonstrating that even a seemingly neutral dress code may not spare an employer from liability. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, June 1, 2015 (Supreme Court)
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Do your pay rates match actual job responsibilities?
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 556
Abstract: Just about every company faces a challenge in matching pay rates to job responsibilities. But a misstep here that falls along gender lines could result in an employee filing suit under the Equal Pay Act. This article describes a recent case in which an employer had to defend itself against just such a claim. Riser v. QEP Energy, No. 14-4025, Feb. 27, 2015 (10th Cir.)
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Taking a swipe at the “cat’s paw” theory of retaliation
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 847
Abstract: Something called the “cat’s paw” theory may sound cute. But, if a plaintiff successfully argues a claim under the approach, this kitten can have claws for employers. This article describes a case in which an employer had to defend against the cat’s paw theory when an employee alleged FMLA violations. Ameen v. Amphenol Printed Circuits, Inc., No. 14-1086, Jan. 26, 2015 (1st Cir.)
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The importance of appearances: An ADEA case
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 723
Abstract: It’s obvious that employers need to step carefully when terminating an employee. But one specific danger is when a termination could appear to be retaliatory for an employee’s previously made complaints. This article covers a recent ADEA case that illustrates just such a situation. Daniels v. School District of Philadelphia, No. 14-1503, Jan. 20, 2015 (3rd Cir.) McDonnell Douglas Corp. v. Green, No. 72-490, May 14, 1973 (U.S. Supreme Court)
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Costly breaks – What is and isn’t compensable time under the FLSA
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 847
Abstract: Do employees required to stay on site during meal periods earn compensable time under the Fair Labor Standards Act? The answer depends on the circumstances, of course. But this article looks at a recent appellate court decision from which employers can glean some insight. A sidebar examines a case with a similar complaint but a different verdict. Ruffin v. MotorCity Casino, No. 14-1444, Jan. 7, 2015 (6th Cir.) Beasley v. Hillcrest Medical Center. Nos. 02-5121& 02-5147, Oct. 9, 2003 (10th Cir.)
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Communication breakdown: A Title VII case
May / June 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 627
Abstract: Communication is an important part of just about every job. But say an employee’s strong speaking accent prompts the employer in question not to renew her contract. Is this tantamount to disparate treatment based on national origin under Title VII of the Civil Rights Act of 1964? This article looks at a recent case in which this very question was considered. Fong v. School Board of Palm Beach County, No. 13-10393, Nov. 4, 2014 (11th Cir.)
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Prep your PIPs to avoid a constructive discharge claim
May / June 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 612
Abstract: An essential element of most employment discrimination claims is that the employee in question suffered an adverse employment action. An exception to this general rule may occur when an employee suffers a “constructive discharge” — that is, when working conditions are so intolerable that a reasonable person in the employee’s position would have felt compelled to resign. This article examines a case in which two plaintiffs alleged that their employer had constructively discharged them because of their age and/or race. Perret v. Nationwide Mutual Insurance Company, No. 13-40867, Oct. 20, 2014 (5th Cir.)
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Manager or salesperson? Overtime exemptions under the Fair Labor Standards Act
May / June 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 783
Abstract: Whether an employee should receive overtime pay or is exempt from such compensation under the Fair Labor Standards Act is a common employment law dispute. This article looks at a recent case in which this issue was raised yet again. Specifically, an employee whose job title was First Assistant Manager contended that his job duties were really more those of a salesperson who provided clerical assistance. Little v. Belle Tire Distributors, Inc., No. 13-2699, Oct. 23, 2014 (6th Cir.)
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You’ve got trouble – E-mail correspondence bounces ADEA case back to trial
May / June 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 922
Abstract: This article examines a decision by the U.S. Court of Appeals for the Eighth Circuit regarding whether an employer terminated an employee to lower its health insurance premiums, and if such a termination violated the Age Discrimination in Employment Act. The key evidence in the case: e-mail correspondence between the employer and its health care benefits provider. A sidebar looks at an important benefits-related precursor case. Tramp v. Associated Underwriters, Inc., No. 13-2546, Oct. 7, 2014 (8th Cir.) Hazen Paper Co. v. Biggins, No. 91-1600, April 20, 1993 (Supreme Court)