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‘For want of a comma,’ dairy delivery drivers enjoy overtime protections under Maine law

March 16th, 2017

By Ronald Miller, J.D.
In a dispute involving the interpretation of Exemption F of Maine’s overtime law, the First Circuit adopted the interpretation proposed by dairy delivery drivers, finding they were not exempt from the state law’s protections. A district court had concluded that, despite an absent comma, the Maine legislature unambiguously intended for the last [Read more...]


No new trial for broker terminated for low sales; failure to terminate sooner not waiver

March 16th, 2017

By Marjorie Johnson, J.D.
A verdict in favor of a company that terminated its contract with a broker who undisputedly failed to meet his minimum sales requirements for four consecutive years was upheld since the evidence supported the jury’s determination that it did not waive the minimum requirements by failing to terminate him sooner. Affirming denial [Read more...]


Failure to hold open job for employee on disability leave may have violated ADA

March 16th, 2017

By Matt Pavich, J.D.
An employer that failed to hold open a job for an employee who was on short-term disability leave may have violated the ADA, a federal district court in Alabama has ruled. Denying summary judgment in part, the court found that the employer knew well in advance of its self-imposed six-month deadline that [Read more...]


Sexual orientation not covered by Title VII, but sex-stereotyping is—regardless of orientation

March 15th, 2017

By Lisa Milam-Perez, J.D.
Title VII’s prohibition against discrimination “because of sex” does not encompass discrimination based on sexual orientation, a divided Eleventh Circuit panel held, reasoning that binding precedent controls its holding notwithstanding the Supreme Court’s subsequent decisions in Price Waterhouse v. Hopkins and Oncale v. Sundowner Offshore Servs., Inc. However, a lesbian security officer [Read more...]


Best Buy may not have tried hard enough to reassign manager with tick-borne illness

March 15th, 2017

By Lorene D. Park, J.D.
Denying summary judgment on a Best Buy manager’s failure-to-accommodate claims under the ADA and the Maryland Fair Employment Practices Act (FEPA), a federal district court in Maryland questioned who was responsible for the breakdown in the interactive process when the employee tried to return to work while still cognitively limited by [Read more...]