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Employees attending alcohol counseling not entitled to pay for time spent in treatment

January 29th, 2015

By Ronald Miller, J.D.
When an employer required employees to attend alcohol counseling sessions as a condition of keeping their jobs, the employees were not entitled to pay for the time spent in counseling, ruled a federal district court in New York, finding that the alcohol treatment was not compensable work. Under the circumstances of this [Read more...]


Discovering comparators, 10th Circuit revives fired female’s unequal pay claims

January 29th, 2015

By Lisa Milam-Perez, J.D.
Reviving a discharged 50-year-old female’s Equal Pay Act claim, the Tenth Circuit found the employer’s insistence that there were no relevant comparators “especially disingenuous” when the company bifurcated the employee’s job, divvied up her duties to two newly created positions, and filled those posts with a 39-year-old male and 30-year-old male, respectively, [Read more...]


Second attempt to get settlement approved flounders; court senses fishy deal

January 29th, 2015

By Ronald Miller, J.D.
In a second attempt to gain preliminary approval of a class action settlement of FLSA and state law wage claims, a magistrate judge in a federal district court in California recommended that approval be denied, finding that the plaintiffs failed to demonstrate that conditional class certification under Rule 23 was warranted. Looking [Read more...]


Emotional distress damages under SOX affirmed, as were $350K in attorneys’ fees

January 28th, 2015

By Lorene D. Park, J.D.
In a SOX whistleblower case by a CFO who was fired after alerting the SEC to financial irregularities, the Fourth Circuit addressed multiple procedural and substantive challenges to significant backpay and compensatory awards against the company, its CEO, and the chairman of the board, concluding that the four-year “catch-all” statute of [Read more...]


Cat’s paw theory declawed; employee fired for time theft, not FMLA leave

January 28th, 2015

By Kathleen Kapusta, J.D.
Affirming a district court’s grant of summary judgment against an employee’s claim that he was fired not for the theft of time, as asserted by his employer, but rather in retaliation for having taken FMLA leave for the birth of his child, the First Circuit found the employee failed to show retaliatory [Read more...]