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CA-11 finds $3.3M punitive award to job applicant for FCRA violation unconstitutionally excessive

January 15th, 2020

By Nicole D. Prysby, J.D.
A $3.3 million punitive damages award was unconstitutionally excessive where a consumer reporting agency erroneously attributed criminal convictions to a job applicant, causing him to lose two job offers, but did not act with malice.
While the reprehensibility of a consumer reporting agency’s conduct was sufficient to warrant the award of some [Read more...]

Dentist secretly recorded at meetings, fired after safety complaints advances wiretap, fraud, contract breach claims

January 14th, 2020

By Marjorie Johnson, J.D.
Though his employer argued that a receptionist recorded a meeting to help ensure she understood important changes being made in the dental department, it could still be civilly liable under the Wiretap Act for its interception by procurement.
A dentist who claimed he was fraudulently enticed into entering into a four-year employment agreement [Read more...]

Religious accommodation and retaliation claims of teacher who objected to transgender policy survive dismissal

January 14th, 2020

By Ronald Miller, J.D.
On a motion to dismiss, the court could not conclude that the employer had no duty to accommodate the teacher’s allegations that calling transgender students by their preferred names violated his religious beliefs.
A high school teacher may pursue failure to accommodate and retaliation claims under Title VII against a school district alleging [Read more...]

Bipartisan bill would expand FLSA nursing mother protections to salaried workers

January 14th, 2020

By Pamela Wolf, J.D.
The measure would also add anti-retaliation protections, among others.
A bipartisan group of senators introduced legislation that would provide salaried employees in traditional office environments—about 13.5 million executive, administrative, and professional women—with reasonable break time and a private place to pump breastmilk. The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, S. [Read more...]

ERISA authorized reformation of retirement plan to bring it in compliance with the Act

January 13th, 2020

By Ronald Miller, J.D.
Where the written terms of a pension plan indisputably violated ERISA, reformation of the plan was available under ERISA § 502(a)(3), and the district court was authorized to enforce the reformed plan as a second step under Section 502(a)(1)(B).
A federal district court erred in granting a pension plan’s motion to dismiss an [Read more...]