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Firing employee who had prior consensual relationship with supervisor plausibly discriminatory

June 16th, 2017

By Marjorie Johnson, J.D.
An employee purportedly fired for expense report violations regarding an overnight trip with a male supervisor with whom she was having a consensual affair avoided dismissal of her gender bias claim, since it was unclear whether the supervisor was fired for the same misconduct and she sufficiently alleged that similarly situated male [Read more...]

DirecTV asks Supreme Court to nix Fourth Circuit’s ‘new’ joint employer test

June 15th, 2017

By Pamela Wolf, J.D.
The Supreme Court has been asked to take up the question of exactly under what circumstances an entity that is not a direct employer may be held liable under the FLSA as a joint employer. DirecTV, LLC, and DirectSat, USA, LLC, have filed a petition for certiorari asking the Court to scrutinize [Read more...]

17 AGs oppose Trump administration’s ‘travel ban’ petition for certiorari

June 15th, 2017

By Pamela Wolf, J.D.
On June 12, the day the Ninth Circuit issued its opinion upholding a Hawaii district court’s injunction against parts of President Trump’s so-called “travel ban,” New York Attorney General Eric T. Schneiderman announced that a coalition of 17 attorneys general have filed a pair of amicus briefs in the Supreme Court opposing [Read more...]

Jury verdict to stand in favor of devout Christian who couldn’t use biometric hand scanner

June 15th, 2017

By Lisa Milam-Perez, J.D.
In a case that drew much attention over an evangelical Christian’s claim that he could not use an employer’s newly implemented biometric hand scanner because it carried the “mark of the beast,” the Fourth Circuit held the evidence at trial supported the jury verdict in the employee’s favor on his Title VII [Read more...]

$12M would resolve ‘reporting time’ pay claims for call-in shifts at Victoria’s Secret

June 14th, 2017

By Pamela Wolf, J.D.
Under a proposed settlement agreement, Victoria’s Secret Stores would pay $12 million to settle the claims of nonexempt former and current employees who were required to call in to work two hours prior to a scheduled shift to confirm whether they were required to report to work, but were not paid California [Read more...]