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Ninth Circuit certifies questions about meal and rest break policies to California Supreme Court

August 5th, 2019

By Ronald Miller, J.D.
In Brinker, the California Supreme Court explained that an employer must relieve the employee of all duty for the designated meal period, but need not ensure that the employee does not work.
The Ninth Circuit requested that the California Supreme Court resolve two certified questions: (1) Does the absence of a formal policy [Read more...]

Enterprise Rent-A-Car must pay $6.6M+ in back wages for discriminating against African-American applicants

August 5th, 2019

By Pamela Wolf, J.D.
Back wages with benefits and interest will be updated to the present; job offers also must be given to 182 rejected applicants with pay to the date of rejection, making the total relief at least $16.3 million.
The Office of Federal Contract Compliance Programs is touting a $6.6 million-plus award ordered by an [Read more...]

Employer voluntarily paid wages due, so employee not ‘prevailing party’ for fee award

August 2nd, 2019

By Ronald Miller, J.D.
In light of the statute’s text and Seventh Circuit precedent, the appeals court agreed with an employer that Section 216(b) of the FLSA requires parties to obtain a final judgment in their favor to collect attorneys’ fees.
Because an employee never received a favorable judgment in an action seeking to recover underpaid overtime [Read more...]

Consequences of BFOQ policy requiring women’s prison to be staffed by women support female CO’s bias claim

August 2nd, 2019

By Harold S. Berman J.D.
Without the requirement that certain positions at the women’s prison be staffed by women, a jury could find the employee would not have faced discipline, would not have been prohibited from transferring, and/or would not have been terminated.
A female corrections officer who was disciplined for overtime, attendance, and behavioral infractions, prohibited [Read more...]

Summary judgment on bias claims improper where DHS employee was denied discovery of comparator info

August 1st, 2019

By Marjorie Johnson, J.D.
The district court erred in ruling it was “extremely unlikely” evidence of more lenient treatment could raise a triable issue over pretext.
A district court erred in granting the Department of Homeland Security’s motion for summary judgment on an employee’s Title VII discrimination claims since it improperly denied her bid to first seek [Read more...]