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FedEx security guard’s disparate discipline case will go to trial

August 13th, 2021

By Brandi O. Brown, J.D.
An African American security guard for a FedEx hub will take his disparate discipline claim under Title VII to trial after a federal district court in Tennessee denied, in part, the shipping company’s motion for summary judgment. He adduced evidence of a white security guard who, like him, let a gun [Read more...]

Auto repair shop’s ‘convoluted’ pay scheme was valid commission plan; auto technicians exempt from overtime

August 12th, 2021

By Ronald Miller, J.D.
Auto repair technicians were paid under a bona fide commission within the meaning of the FLSA, and so were exempt from overtime pay under the retail and service exemption, ruled the Seventh Circuit. The fact the employer reported an “hourly” wage in its calculations did not change the nature of the plan. Further, [Read more...]

Mexican-Spanish racial slurs directed at Black carpenter support revival of hostile environment claim

August 11th, 2021

By Brandi O. Brown, J.D.
In an appeal by an African-American carpenter after the district court granted summary judgment to his nonprofit employer, the Fifth Circuit revived his Section 1981 hostile work environment claim. The employee presented evidence that a supervisor used the Mexican-Spanish equivalent of “n***er” in his presence at least twice, when no other [Read more...]

CRST intentional interference with contract win against Swift for hiring its drivers reversed on appeal

August 10th, 2021

By Kathleen Kapusta, J.D.
The court below erred in denying Swift Transportation’s post-trial motion on CRST’s intentional interference with contract claim alleging Swift wrongfully recruited and hired its long-haul drivers, the Eighth Circuit ruled, finding that the district court’s reasoning was contrary to its intervening decision in CRST Expedited, Inc. v. TransAm Trucking, Inc . Under TransAM, the proper [Read more...]

Investigators find that NY Governor Andrew Cuomo sexually harassed state employees

August 5th, 2021

By Pamela Wolf, J.D.
Investigators appointed by New York Attorney General Letitia James to investigate sexual harassment complaints against New York Governor Andrew Cuomo have completed their investigation and report. The results are not favorable to the governor. After nearly five months, the investigators concluded that Governor Cuomo has “engaged in conduct constituting sexual harassment under federal and [Read more...]