If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime. So, if an employer owes $100 in…
The U.S. Equal Employment Opportunity Commission believes that discrimination based on LGBT status amounts to sex discrimination. Sex discrimination is unlawful under Title VII of the Civil Rights Act of 1964. However, some recent comments imply that the EEOC’s position on LGBT rights at work may change. Like, how about…
Proving once again that freedom of speech is a big, fat myth when it comes to keeping one’s job, an Ohio firefighter has been suspended after he posted on Facebook about how he would rather save a dog than a million n*****s. According to the Ariel Zilber at The Daily…
I’m not sure what kind of evidence a federal jury was expecting when it concluded that two plaintiff-intervenors (i.e., the alleged victims of sexual harassment on whose behalf the EEOC pursued claims) did not do enough to notify the employer-defendant about possible harassment in the workplace. And neither did a federal judge…
Not even close to that fun. No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees…
If you’re going to draw a line in the sand by telling an employee to sign something or be fired, here’s a pro tip: Make sure that whatever you want signed isn’t unlawful. Late last month, the Second Circuit Court of Appeals (here) stamped a National Labor Relations Board decision,…
Remember that scene in Animal House, the one where Donald Sutherland is sitting around with Katy and the some of the Deltas, smoking pot and discussing solar systems and atoms on the fingernail of a giant being? I kinda had that feeling as I read this recent opinion in…
Today, I’m blogging about a company that wrote a settlement check, entered into something called a “Compromise and Release Agreement” (more on that in a bit) to resolve claims from a former employee, and now finds itself defending Family and Medical Leave Act claims. That’s got me like… [Cue music]…
Remember when I told you that a federal judge would uphold his six-week suspension? Not even close. Yep, I saw some writing on the wall earlier in the day on Friday. During happy hour, federal judge Amos Mazzant granted the NFLPA’s request for a temporary restraining order. Something about Ezekiel…
Austin Powers, Eric? Yeah, sorry. I’m all tapped out after yesterday’s fantasy football spectacular. So, pregnancy-discrimination, eh? The facts in Estate of Andrew Tyler Pennington v. Southern Motion, Inc. (opinion here) are rather straightforward. Mr. Pennington worked for Southern Motion, Inc. According to the plaintiff, shortly before Mr. Pennington’s employment with Southern Motion…