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Entry-level accountants were overtime-exempt learned professionals

July 24th, 2014

By Ronald Miller, J.D.
Entry-level accountants at a major accounting firm were learned professionals exempt from the FLSA’s overtime provisions, ruled the Second Circuit. Noting that the employees received substantial, specialized education as accountants, were designated as accountants by their employer, performed entry‐level accounting tasks, and were automatically promoted to a more senior accounting position after [Read more...]

Discrimination class action doomed; no showing that components of selection process could not be separated

July 24th, 2014

By Marjorie Johnson, J.D.
The Supreme Court of Iowa affirmed judgment against a class of African-American employees and applicants who brought Title VII and state-law claims asserting that Iowa’s merit-based hiring system for its executive branch had an unlawful disparate impact. The state’s high court agreed that the class failed to challenge any particular hiring or [Read more...]

Separation from — or firing — harasser not reasonable accommodation for anxiety

July 23rd, 2014

By Lorene D. Park, J.D.
The harassment-triggered anxiety of an employee was a “disability” under a post-ADAAA analysis (but not as to pre-ADAAA events), ruled a federal district court in New York. However, summary judgment was granted on his non-accommodation claim because the employer’s attempts to separate the employee from his foreman did not work, and [Read more...]

Verbal harassment by patient created actionable hostile work environment

July 23rd, 2014

By Dan Selcke, J.D.
A female employee at a medical clinic who reported multiple instances of verbal harassment from a male patient advanced her hostile work environment claim, a federal district court in Hawaii ruled. The court denied the employer’s motion for summary judgment on her Title VII claim, although it granted summary judgment with respect [Read more...]

Staffing agency nurse was employee of hospital for liability insurance purposes

July 22nd, 2014

By Ronald Miller, J.D.
A nurse hired by a staffing agency and assigned to work at a hospital on a temporary basis was a covered hospital “employee” under an insurance policy providing coverage for hospital employees for claims arising out of medical incidents within the scope of their employment, ruled the D.C. Circuit. As a result, [Read more...]