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Justices face class action questions in Supreme Court’s opening October session

July 31st, 2015

By Pamela Wolf, J.D.
The Supreme Court has released its October 2015 Term argument calendar for the session beginning October 5, which lists two cases of interest to labor and employment practitioners. The High Court will be facing critical issues arising in class actions soon after it reopens its doors, according to the calendar. On Tuesday, [Read more...]


$100K jury award upheld in favor of gay UPS employee harassed by supervisor

July 31st, 2015

By Brandi O. Brown, J.D.
Quoting extensively from a recent EEOC decision, a federal district court in New York declined to overturn a $100K compensatory and punitive damages award to a lesbian UPS employee who endured several years of harassment for her sexual orientation. Explaining that appeals to the Bible could not justify management’s condoning the [Read more...]


Because servers’ base salary was above minimum wage, employer tip-pooling arrangement didn’t violate FLSA

July 31st, 2015

By Ronald Miller, J.D.
Servers whose base salary without tips was above the minimum wage could not maintain a wage suit for alleged violations of the tip credit provisions of the FLSA, ruled the Fourth Circuit, affirming the dismissal of their claims. The language of 29 U.S.C. Sec. 203(m) could give rise to a cause of [Read more...]


Humiliating ‘less manly’ crew members supports gender stereotyping hostile environment

July 30th, 2015

By Kathleen Kapusta, J.D.
Extreme and outrageous conduct that demeans a worker based on gender, including gender stereotyping, fully supports the use of Title VII to redress discrimination, a federal court in Texas stated, in finding that the alleged abuse of three male crew members on a regular basis by their male supervisor, including physically restrained [Read more...]


Depressed employee who threatened to kill coworkers not ‘qualified’ under disability law

July 30th, 2015

By Lorene D. Park, J.D.
Even assuming an employee was disabled by major depressive disorder, he could not show he was “qualified” at the time he was fired because he repeatedly threatened to kill coworkers in “chilling detail,” explained the Ninth Circuit. Noting that an “essential function of almost every job is the ability to appropriately [Read more...]