Supervisor not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered job qualifications in the context of essential functions, and ultimately found that the employee failed to demonstrate that he was qualified or could perform the essential functions of his position after failing a required DOT medical certification. As a result, he could not maintain his ADA claim against his former employer.  More ›

Supreme Court: Ordinary Contract Principles do not Allow Inference of Vesting Rights Absent Clear and Express Language

In 2000, M&G Polymers purchased the Point Pleasant Polyester Plant in Apple Grove, WV. At that time, M&G entered into a collective-bargaining agreement and a related Pension, Insurance, and Service Award Agreement (P & I Agreement) with the union. The P & I Agreement provided for medical coverage with a full employer contribution to be provided for the duration of the agreement, subject to future negotiations. When those agreements expired, M&G announced that it would require retirees to contribute to the cost of their health care benefits. Several retirees sued M&G in federal district court, alleging that the P & I Agreement created a vested right to a lifetime contribution of free healthcare benefits. More ›

Nurse's poor work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other performance issues, which led her to become upset and yell at her manager. During a discussion later that day, Pederson articulated, for the first time, that she had previously noticed that a box of blood samples were incorrectly packaged and that she believed them to be compromised. Pedersen then notified another manager, a customer service representative, a vice president, and an employee relations manager of the suspected compromised samples. She also advised all parties that she felt she would be retaliated against as a result of exposing the potential contamination. More ›

Supreme Court Backs Whistleblowing Air Marshall

On January 21st, the Supreme Court affirmed a former air marshal's right to whistleblower protection relating to his leaking of air security plans to the media. The 7-2 decision written by Chief Justice John Roberts in the case, Department of Homeland Security v. MacLean, No. 13-894 (U.S. January 21, 2015), represents a rare victory for government whistleblowers who expose dangers to public health or safety. More ›

11th Circuit: Employer Aware of Employee's Underreported Hours Cannot rely on "Unclean Hands" Defense in FLSA Case

Santonias Bailey, a TitleMax employee, underreported his hours worked.  His supervisor instructed him to do so, and the supervisor would also himself routinely revise Baily’s time records to reflect even less hours worked.  Bailey’s self-underreporting of hours violated TitleMax’s policy, however, which requires employees to verify time worked; further, his failure to report his supervisor for the supervisor’s instructions and revisions violated a second TitleMax policy relating to reporting of problems with supervisors.  More ›

Seventh Circuit Finds that Naming EEOC Claimant in SEC Filing may have been Retaliatory

Celia Greengrass worked as an account executive for International Monetary Systems, Ltd. ("IMS"). In September 2007, Greengrass made an internal complaint about alleged harassment by a manager; two months later, she quit her job. In January 2008, Greengrass filed a complaint with the EEOC alleging sex discrimination, national origin discrimination, and retaliation.

In March 2008, IMS was due to make its annual SEC filings, which required it to disclose any material legal proceedings, including the principal parties, facts, and relief sought. Upon consultation with an outside accountant, IMS elected to not include Greengrass's EEOC complaint in the SEC filing information. IMC did, however, without naming the complainant, refer to a different EEOC complaint brought against the company. More ›

California Court Expands Going and Coming Rule

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base and was permitted to travel around the base and use military vehicles in light of his employment with the civilian company. While driving to work one morning, and while on base, he suffered symptoms of his diabetes, which led to him flipping his car and sustaining severe injuries. Schultz filed a workers' compensation claim seeking benefits because his injury occurred on his employer's premises, and thus, he claimed he was injured in the course of his employment. California Court Expands Going and Coming Rule  More ›

California Supreme Court Holds 24-Hour Security Guards Entitled to 24-Hours of Pay

Security guards who work eight hours per day, are on-call eight hours per day, and reside/sleep (off duty but on site) eight hours per day are entitled to be paid for the entire 24-hour time period, says the California Supreme Court. More ›

Sixth Circuit: Interruptions During meal Period do not Automatically Render time Compensable

Yesterday we told you about the California Court of Appeals' decision in which the court found that it was not unlawful for an employer to require its security guards to be "on call" during rest periods. The 6th Circuit reached a similar conclusion, but with respect to meal periods.  More ›

California Court of Appeals Allows On-Call rest Breaks

In a striking move, the California Court of Appeals issued an unpublished opinion wherein it held that California law does not require employers to relieve employees of all duty during rest breaks. More ›