On October 8, the Supreme Court of the United States will hear arguments regarding whether time spent by Amazon employees going through security checkpoints after clocking out is compensable under the Fair Labor Standards Act (FLSA).
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employment law
Groped Employee Who Defended Self From Harrasser Did Not Forfeit Legal Protections
In Speed v. Wes Health System, a Pennsylvania Plaintiff survived dismissal of her suit for retaliatory discharge after she defended herself against a coworker who allegedly sexually harassed her for thirteen months. The employer Wes Health System (“WES”) fired both the harasser and Speed after she struck the harasser on the side of his face when he touched her leg a second time right after she warned him that she would defend herself after the first time.
Employee Who Lost Job Due To False Data In Background Check Is Entitled To Damages
In Miller v. Johnson & Johnson, a Florida case, Miller successfully brought a claim under the Fair Credit Reporting Act (FCRA) against his prospective employer. The Fair Credit Reporting Act is intended to provide prospective employees protection from false information found in their criminal background reports.
Employees Who Are Titled Managers May Be Entitled To Overtime Compensation
Lumber One hired three employees and titled them as managers of the company’s lumberyard. The company classified these employees as executives, and accordingly paid them on a salary basis without overtime compensation. During their employment with the company, the employees performed various duties including assembling shelves and stocking merchandise, and helping load trucks.
Appeals Court Nips Male on Male Harassment Claims Based On Nipple Squeezing
Proving yet again that an actionable harassment claim has to be based on a protected characteristic, an appeals court dismissed the claims of a male employee whose male supervisor allegedly squeezed his nipples and the nipples of several male co-workers.
NLRB Decision Allows Employees Use of their Employer’s Email System During Nonworking Time To Talk About Their Working Conditions
On December 11, 2014 the National Labor Relations Board (NLRB) issued a ruling allowing employees use of their employer’s email system during nonworking time for statutorily protected communications under Section 7 of the National Labor Relations Act (NLRA). As a result, many employees are now eligible to complain about their work conditions to each other via e-mail with legal protection.
Support Animals Can Be A Reasonable Accommodation under the Americans with Disabilities Act
Support Animals can be considered a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 under certain conditions. The case of Branson teaches that a dog could be an accommodation not only for blind employees but also paraplegic employees.
Hospital Violates FLSA by Requiring Employees To Monitor Phones or Other Devices During Lunch Breaks
A United States District Court for the Eastern District of Wisconsin recently granted a conditional class certification to Certified Nursing Assistants (“CNAs”) and housekeepers employed by Waukesha Memorial Hospital (“Waukesha”).
Telecommuting Could Be A Reasonable Accommodation
In 2011, Jane Harris, a resale buyer working with Ford Motor Company (“Ford”), filed a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging that the companies’ denial of her request to work from home (telework)...
Employee’s Exposure To Software, Clients, Pricing, and Training Could Make Non-Compete Valid
On June 26, the Fourteenth Court of Appeals issued a ruling enforcing a non-compete agreement between a court reporting services company and its former employee, Martha Rodriguez.