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Jury will hear nurses’ claims that they were forced to work through breaks, denied overtime

September 15th, 2017

By Marjorie Johnson, J.D.
A nursing home will face trial on a collective FLSA action asserting that it failed to pay overtime to several nurses who regularly worked through their breaks due to a heavy workload, and whose supervisors told them to work the extra hours but wouldn’t sign overtime approval forms. A federal court in [Read more...]


New trial ordered after jury wrongly found employer not aware of supervisor’s sexual harassment

September 15th, 2017

By Marjorie Johnson, J.D.
Two female employees were entitled to a new trial on their unsuccessful Title VII and state law claims alleging supervisor sexual harassment, since the jury erred in finding that they failed to show the company knew or should have known about the harassment. Granting their motion for a new trial, a federal [Read more...]


$780K jury verdict for unaccommodated employee upheld despite SSDI receipt

September 15th, 2017

By Brandi O. Brown, J.D.
A former county employee who was awarded over $780,000 in compensatory and economic damages, based on allegations that her employer failed to accommodate her disability and forced her to leave her job, remains entitled to that award, a federal district court in Maryland ruled. In particular, the court ruled that her [Read more...]


HR expert’s testimony excluded as unreliable, unhelpful to jury

September 14th, 2017

By Deborah Hammonds, J.D.
In a sexual harassment suit, a federal district court in Washington granted an employee’s motion to exclude testimony by the employer’s HR expert, finding his methodology unreliable in that he failed to identify the source or how he applied “HR best practices” that he opined were followed here. Furthermore, his credibility determinations [Read more...]


NLRB advice memorandum says Weingarten rights should extend to non-union workplaces

September 14th, 2017

By Pamela Wolf, J.D.
In an advice memorandum released on September 7, the NLRB’s Office of the General Counsel concluded that Region 6 should use a pair of General Electric Company cases as vehicles to press the Board to extend Weingarten rights to unrepresented employees. The memorandum, dated December 1, 2016, also urges the Board to [Read more...]