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No dismissal: Viability of sexual orientation bias claim under Title VII is ‘open’ question

June 24th, 2016

By Brandi O. Brown, J.D.
Refusing to dismiss the sexual orientation discrimination claims of two female EMTs, a federal district court in Florida found that the question of whether the claims are cognizable under Title VII is still “an open one.” One of the employees alleged she was harassed and constructively discharged based on her perceived [Read more...]

No malpractice where FedEx driver had viable misclassification claim when he changed counsel

June 24th, 2016

By Lorene D. Park, J.D.
Affirming the dismissal, with prejudice, of a FedEx driver’s malpractice and fraud claims against the attorneys and firms that initially represented him when he joined an ongoing suit against FedEx, the Seventh Circuit explained that there is no malpractice when the plaintiff has a viable claim (which he did) at the [Read more...]

NJ prohibition on marital-status discrimination not limited to status of single or married

June 24th, 2016

By Kathleen Kapusta, J.D.
New Jersey’s Law Against Discrimination protects all employees who have declared that they will marry, have separated from a spouse, have initiated divorce proceedings, or have obtained a divorce from discrimination in the workplace, declared the state’s highest court, explaining that marital status is not limited to the state of being single [Read more...]

Fire captains primarily first responders not exempt from FLSA overtime requirements

June 24th, 2016

By Ronald Miller, J.D.
Concluding that no reasonable jury could find by the requisite clear and convincing evidence that fire captains who served as first responders to fires and other emergencies fell within the executive or administrative exemptions from the FLSA’s overtime requirement, the Fourth Circuit reversed a district court’s judgment and remanded with instructions to [Read more...]

For telecommuter, FMLA’s 50-employee threshold measured by office to which she reported

June 23rd, 2016

By Dave Strausfeld, J.D.
The FMLA’s 50-employee threshold was met if a telecommuting employee in Louisiana reported to an office in Florida that had at least 50 employees, held a federal district court in Louisiana. In other words, her “worksite” for purposes of counting employees to meet the numerical threshold was the office to which she [Read more...]