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Bonuses paid by third party not included in regular rate without employer-employee agreement

August 22nd, 2019

By Wayne D. Garris Jr., J.D.
The DOL’s assertion that all third-party bonuses must be included in regular rate of pay for calculating overtime was not supported by the FLSA, case law, or agency practice.
Employers are not required to include bonuses from third parties in the regular rate of pay when calculating overtime pay, the Third [Read more...]


Morbidly obese employee fired for falsifying work records, not weight

August 22nd, 2019

By Kathleen Kapusta, J.D.
The employee, who weighed over 300 pounds during the 10 years he worked for the company, admitted to falsifying work records to show he had completed work assignments he had not actually completed.
Skirting the issue of whether morbid obesity is itself an impairment under the ADA, the Ninth Circuit explained that even [Read more...]


ICE detained wage-hour plaintiff during break from court-ordered deposition, petition alleges

August 22nd, 2019

By Pamela Wolf, J.D.
The habeas petition also contends that the arrest and detention of the former employee who sued his restaurant employer and its owner/operator—allegedly a former government agent—for unpaid wages, was prompted by the defendants’ retaliatory tip.
A 45-year-old former resident of China who has lived in New York for more than 18 years was [Read more...]


AutoZone employee fired for her crude remark to coworker who made disparaging comments about women can’t revive bias claim

August 21st, 2019

By Kathleen Kapusta, J.D.
The employee failed to show that AutoZone had any knowledge of the coworker’s alleged sexist comments until an investigation that resulted in the termination of both employees.
Affirming summary judgment against the state-law discriminatory termination claim of a female AutoZone employee who was fired for a single crude remark to a male coworker, [Read more...]


Judges’ cautionary letter supports court employee’s hostile environment claim

August 21st, 2019

By Joy P. Waltemath, J.D.
Although most of the employee’s claims failed for lack of specificity, her allegations about one judge’s racist and sexist allusions were enough to avoid dismissal.
Resurrecting only the hostile work environment claim of a dockets coordinator against one municipal court judge—she had sued four—the Sixth Circuit mostly agreed with the lower court [Read more...]