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Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit. In Pineda v. JTCH Apartment, LLC, Plaintiff claimed that he was retaliated against by his former employer after he filed a lawsuit seeking … Continue Reading

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court ruled that evidence of disparate treatment plus age-based comments by management was sufficient to create a fact issue as to whether the … Continue Reading

Kansas City Region Offices: Kansas City, Missouri and Overland Park, Kansas

Jackson Lewis’ maintains two offices in the Kansas City Region, with a total of nine attorneys. The Overland Park, Kansas office opened in 2014. The Kansas City, Missouri offices opened in 2017. The offices are led by Office Managing Principal Brian J. Christensen. The nine attorney team includes members of the firm’s class action and … Continue Reading

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently denied the employer’s summary judgment motion on the plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. In denying summary … Continue Reading

Employer Failure to Provide Reasonable Accommodations for Migraines Results in Legal Headaches

In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”).  Alleged by Plaintiff was that her migraine headaches constituted a disability entitling her to a reasonable accommodation.  The Company terminated Plaintiff for “excessive absenteeism” despite the fact … Continue Reading

Texas Court Grants Nationwide Preliminary Injunction Enjoining DOL From Implementing Or Enforcing Regulation Raising Salary Level For White Collar Exemptions

A Texas Judge issued a nationwide preliminary injunction yesterday preventing the DOL from implementing or enforcing its regulation raising the salary level for the white collar exemptions.  An article discussing the case and the impact is posted on our website.  Here is the link: http://www.jacksonlewis.com/publication/texas-court-grants-nationwide-preliminary-injunction-enjoining-department-labor-implementing-or-enforcing-regulation.   We are holding a webinar on Monday at 12:00 EST … Continue Reading

Jackson Lewis Attorneys Falavolito and Rodriguez Win Defense Verdict in Religious Discrimination Case

Jackson Lewis Principal Dean Falavolito and Associate Joanna Rodriguez recently won a defense verdict for a Pittsburgh non-profit organization in a lawsuit claiming religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.    The client was insured by Employment Practices Liability Insurance (“EPLI”). In the … Continue Reading

Job Applicants Cannot Bring Disparate Impact Claims Under Age Discrimination In Employment Act

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading

Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process

The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016).  In Cruz,  plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative colitis from … Continue Reading

The U.S. DOL Today Released Its Final Rule Requiring Paid Sick Leave for Contractors

We are writing to alert you to yet another source of wage-hour and wage-payment claims.  EO 13706 mandates that government contractors and sub-contractors provide paid sick days in addition to any other PTO requirement (such as the vacation pay requirement contained in the Service Contract Act).  Failure to make payments could result in liability to … Continue Reading

AVP’s Alleged Remarks Send Dispute to Jury in EEOC Case

A U.S. District Court in Maryland recently denied an employer’s motion for summary judgment allowing the EEOC to pursue its allegation that an employer engaged in discriminatory practices regarding a promotion.  EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016).    The employer’s Associate Vice President (“AVP”) is alleged to have advised … Continue Reading

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application materials, interview questions, and negotiations over compensation.    … Continue Reading

Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours

The U.S. District Court for the District of Connecticut ruled that a Muslim employee raised a triable national origin and religion discrimination claim against his employer arising out of his five-day suspension for using the gym during work hours. Ucar v. Conn. Dep’t of Transp., (D. Conn., No. 14-CV-765, 8/11/16).  The situation arose when, after … Continue Reading

Fifth Circuit: Evidence That Not All Employees Received or Were Trained on Employer’s Harassment Policy Sufficient to Create Fact Issue on Faragher/Ellerth Defense

In light of evidence that not all employees were given training or information about the employer’s sexual harassment policy, the Fifth Circuit recently reversed the grant of summary judgment in favor of an employer.  The court ruled that the evidence was sufficient to create a fact issue as to whether the employer took reasonable steps … Continue Reading

EEOC PUBLISHES UPDATED EEO-1 REPORTING PROVISIONS

EEOC has released updates to its proposed EEO-1 reporting provisions. The updates were published July 14, 2016 in the Federal Register and the public with have 30 days to submit comments.  The updates consider and respond to many of the comments that were submitted in response to the Agency’s original proposal which was published earlier this … Continue Reading

Sleeping On The Job Due To Prescription Medication Not A Sufficient Basis to Dismiss Disability Discrimination Complaint

In Beaton v. Metropolitan Transportation Authority New York City Transit, Docket No. 15 CV 08056 (S.D.N.Y. June 15, 2016), the Court denied Defendant’s motion to dismiss Plaintiff’s disability discrimination claims under the ADA and local laws.  The case is significant because it addressed an alleged  mental disability.  By way of background, Plaintiff was employed by … Continue Reading
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