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Six-year statute of limitations applies to Minnesota whistleblower statute

December 18th, 2014

By Brandi O. Brown, J.D.
In a decision on remand from the Minnesota Supreme Court, the Minnesota Court of Appeals, held that the six year statute of limitations from Minn. Stat. Sec. 541.05, subd. 1(2) applied to an employee’s whistleblower action under Minn Stat. Sec. 181.932, subd. 1(1), rather than the two-year statute of limitations for [Read more...]

Nondiscrimination principles support DOJ’s guidance on Ebola response

December 18th, 2014

By Pamela Wolf, J.D.
The Justice Department’s Civil Rights Division has issued what it calls “nondiscrimination principles” with the aim of guiding federal, state, and local governments’ response to the Ebola virus. The division also issued public guidance on protecting civil rights while responding to the Ebola virus and a reference guide setting forth what legal [Read more...]

Emails seeking reasons not to hire litigious employee show retaliatory animus

December 17th, 2014

By Victoria C. Cohen, J.D.
Where individuals who were ranked lower on a civil service list were hired over an employee who had filed a lawsuit against the employer, a federal district court in New York denied the employer’s motion to dismiss her Title VII retaliation claim. Her allegations that her supervisor sent out emails discussing [Read more...]

Refusing to follow attendance rules not protected activity under FLSA

December 17th, 2014

By Dan Selcke, J.D.
A police officer who was fired for continually showing up late for work in protest of a rule requiring him to show up 15 minutes early was not engaged in a protected activity under the FLSA, ruled a federal district court in New Jersey. The evidence showed that the officer’s municipal employer [Read more...]

No ‘trial by formula’ in Walmart wage-hour class action; $187M verdict upheld

December 17th, 2014

By Ronald Miller, J.D.
Finding that there was a single, central, common issue of liability in the case—whether Walmart failed to compensate its employees in accordance with its own written policies—a divided Pennsylvania Supreme Court ruled that the giant retailer was not the subject of a “trial by formula” in a wage-hour class action proceeding. Unlike [Read more...]