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Field engineers who operated video equipment at oil well sites were not exempt from overtime wages

July 30th, 2021

By Ronald Miller, J.D.
Field engineers were not exempt highly compensated, administrative, or sales employees, so the employer violated the FLSA by failing to pay them overtime for hours worked in excess of 40 per week.
Field engineers for an oil field services company, who operated video equipment at oil well sites, [Read more...]


FEHA harassment claim based on failure to promote accrues when employee knows or should have known of adverse decision

July 30th, 2021

By Kathleen Kapusta, J.D.
California’s highest court also held that a statute of limitations is an affirmative defense and the burden is on the defendant to prove all facts essential to each element of the defense.
A FEHA harassment claim based on a failure to promote accrues when the employee knows or [Read more...]


Litigation over pay for security checks by Amazon warehouse workers in Nevada ends for $13.5M

July 30th, 2021

By Marjorie Johnson, J.D.
The highly contested case had been pending for more than 10 years, with significant adversarial motion practice and discovery, as well as trips to both the U.S. Supreme Court and the Sixth Circuit.
A federal district court in Kentucky gave final approval to a $13.5M settlement of class [Read more...]


No qualified immunity for sheriff who fired sergeant who supported another candidate and spoke out about misconduct

July 30th, 2021

By Kathleen Kapusta, J.D.
The court found evidence showing the sergeant’s termination was based on viewpoint discrimination, an “egregious form of content discrimination.”
A sheriff’s interests in the internal operations of his office did not outweigh the free speech interests of a patrol sergeant who was discharged after openly supporting the candidate [Read more...]


Hospital manager with Crohn’s disease, fired after refusing to take leave when not medically necessary, advances ADA, FMLA claims

July 30th, 2021

By Kathleen Kapusta, J.D.
The hospital claimed it fired the employee for “FMLA-related insubordination” after she came to work on a day it had designated as FMLA leave.
A dietary manager who suffered from Crohn’s disease, and who was terminated for “FMLA-insubordination” when she came to work on a day her hospital [Read more...]