Bill would crack down on employee misclassifications

May 7, 2010 2:50 PM

WASHINGTON - Newly-filed legislation would require employers to keep records of non-employees who provide labor or services to the company - and impose penalties on employers who misclassify employees as non-employees.

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Employee may sue for marital status discrimination

An employee who was fired after her husband, an executive at the same company, was forced to resign may sue for marital status discrimination, the Minnesota Court of Appeals has ruled in reversing a summary judgment.

Conn. considers law on employee misclassification

The Connecticut legislature is considering a bill that would increase the penalties for employers who misclassify their workers as independent contractors, with greater civil penalties and criminal liability.

Plaintiff can sue for Title VII attorney fees

A federal court had jurisdiction to hear a claim solely to recover attorney fees incurred in a Title VII administrative proceeding, the 9th Circuit has ruled in reversing a dismissal.

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Wal-Mart sex bias suit can proceed as class action

May 3, 2010 9:33 AM

Claims that Wal-Mart discriminated against thousands of female employees may be tried as a class action, the 9th Circuit has ruled in affirming a certification order.

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Arbitrator’s award vacated for ‘clear error’: An arbitrator’s award in a discrimination case may be vacated where the arbitrator made a “clear error of law,” the California Supreme Court has ruled in reversing an appellate court.

Illegal alien entitled to Longshoreman benefits: An undocumented immigrant is entitled to benefits under the Longshore and Harbor Workers’ Compensation Act, the 5th Circuit has ruled.

ERISA plan entitled to reimbursement: An ERISA plan was entitled to reimbursement for the cost of medical expenses it paid on behalf of a participant, the 11th Circuit has ruled in affirming a summary judgment for the plan.

U.S. Supreme Court hears employment arbitration case: WASHINGTON - The U.S. Supreme Court is set to rule on whether a court can decide if an arbitration clause in an employment contract is unconscionable, or if even that issue must be arbitrated.

Court considers ERISA attorney fee awards: WASHINGTON - Just what does it take for a plaintiff to get attorney fees in an ERISA case? That is what the U.S. Supreme Court is set to decide after oral arguments Monday in Hardt v. Reliance Standard Life Insurance Co.

Lawyer’s reassignment may be ‘adverse action’: A HUD attorney who was reassigned to a non-legal job can sue for retaliatory transfer under Title VII, the D.C. Circuit has ruled in reversing a summary judgment for the employer.

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ERISA plan's remedy entitled to deferential review

April 26, 2010 3:43 PM

An employee benefit plan was entitled to deferential review of the method it chose for remedying its violation of federal law in the calculation of plan participants' retirement benefits, the U.S. Supreme Court has ruled in a 5-3 decision. 

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High Court hears oral arguments in ‘sexting' case: WASHINGTON - In a case that could have far-reaching implications for the way workers use cell phones and other equipment supplied by their employers, the U.S. Supreme Court heard oral arguments Monday on whether a police officer had an expectation of privacy in personal (and sexually explicit) text messages sent on a pager issued to him by the city.

Bank teller can't sue for pregnancy discrimination: A supervisor's offer to accommodate a bank teller's morning sickness isn't evidence of pregnancy discrimination, the 8th Circuit has ruled in affirming a summary judgment.

When is an employer liable under a ‘cat's paw' theory?: When can an employer be held liable under a "cat's paw" theory of employment discrimination, where the unlawful intent came not from the ultimate decisionmaker but from a nondecisionmaker who influenced the decision?

Employer didn't waive arbitration rights: An employer didn't waive its rights by participating in a former employee's whistleblower lawsuit for several months before filing a motion to compel arbitration, the 10th Circuit has ruled in reversing judgment.

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Employer needn't accommodate medical marijuana use

April 19, 2010 3:56 PM

An employer didn't violate state disability discrimination law when it refused to accommodate an employee's use of marijuana for medical purposes, the Oregon Supreme Court has ruled in reversing an administrative finding of discrimination.

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Employee's LinkedIn profile evidence in contract suit: In what may be a first, an employee's LinkedIn profile is being cited as evidence by an employer suing over breach of non-compete agreements.

Harassment policy good idea for solo, small-firm lawyers: Smart solo practitioners and small law firms should adopt anti-harassment policies for their own firms. That's the advice of several employment law experts, who say that small firm attorneys often forget they are business owners, subject to the same employee concerns as other employers.

Health care reform bill offers many hidden changes: In addition to universal health care, the new reform law includes various provisions relevant to lawyers, including tax changes, an amendment to the Fair Labor Standards Act, new whistleblower provisions for hospital employees and other employment-related updates. 

Sight-impaired clerk may seek shift change: A drug store clerk whose sight impairment made it unsafe for her to drive to work at night may be entitled to a shift change as a reasonable accommodation of her disability, the 3rd Circuit has ruled in reversing a summary judgment. 

SOX whistleblower entitled to equitable tolling: An alleged whistleblower who filed a retaliation complaint under Sarbanes-Oxley after the 90-day period for doing so had expired was entitled to equitable tolling, the Administrative Review Board of the U.S. Department of Labor has ruled.

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EEOC: Job credit checks could pose bias charge risk

April 12, 2010 12:38 PM

WASHINGTON - The Equal Employment Opportunity Commission has released a legal advisory letter warning that the use of credit checks to screen job applicants could be unlawful if it leads to the disproportionate exclusion of women, minorities and other protected group members.

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Employee can be fired after request for medical leave: An employer didn’t violate federal law when it decided to fire an employee for legitimate reasons the day after she requested time off to have surgery on an injured foot, the 11th Circuit has ruled in affirming judgment.

Employee demoted after maternity leave can’t recover under FMLA: An executive who was demoted when she returned from maternity leave can’t recover under the Family and Medical Leave Act, the 11th Circuit has ruled.

Authority to fire or promote not dispositive for employer liability: The authority to fire, promote or demote is not dispositive of whether a harasser was a supervisor or co-worker for the purpose of imposing vicarious liability on an employer, the 4th Circuit has ruled in reversing summary judgment for the employer.

Jury awards former Pfizer scientist $1.37M: A former Pfizer scientist who claims that she has been paralyzed by inadvertent exposure to a virus engineered at the pharmaceutical company’s laboratories in Groton, Conn., was awarded $1.37 million Thursday by a federal jury in Hartford following a trial that raised questions about safety practices in the dynamic field of genetic engineering. 

Court reporter with incontinence can’t sue under ADA: A court reporter with incontinence can’t sue under the ADA because she is not a “qualified individual with a disability,” the 7th Circuit has ruled in affirming summary judgment for the employer.

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Employer can't read employee's e-mails to lawyer

April 5, 2010 10:48 AM

An employer can’t read e-mails an employee sent to her lawyer on a work laptop from a private e-mail account, the New Jersey Supreme Court has ruled.

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Mixed-motive analysis applies to Title VII retaliation suit: A jury instruction on a mixed-motive theory of causation was appropriate in a Title VII retaliation case, the 5th Circuit has ruled.

Settlement proceeds are taxable: A taxpayer who failed to present evidence that her settlement proceeds were meant to be reimbursement for medical expenses must include the settlement as part of her gross income, the U.S. Tax Court has ruled.

Workers can’t get paid for time spent changing gear: The time spent by police officers donning and doffing their gear is not compensable under the Fair Labor Standards Act, the 9th Circuit has ruled.

House approves USERRA extension: The House has approved legislation that would extend certain employment rights to members of the National Guard who are ordered on full-time duty.

Bill would extend COBRA to same-sex couples: A bill has been introduced in Congress that would extend COBRA benefits to same-sex partners of covered employees. 

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