Monthly Archives: November 2007

Recent Jury Verdicts

CT — Judge cuts $5 million from $12 million award in GE discrimination case. NY — Jury awards former Newsday copy editor $100,000 for discrimination in connection with repetitive-stress injury. CA — Jury awards $1 million to former correctional officer in … Continue reading

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Religious Discrimination Claim Survives Motion To Dismiss

In an opinion dated November 19, 2007, Andrews v. Virginia Union Univ., No. 3:07-cv-00447-REP (E.D.Va.), the U.S. District Court for the Eastern District of Virginia denied a motion to dismiss disparate treatment and failure to accommodate religious discrimination claims brought … Continue reading

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Checking Out Job Applicants On The Internet

Thanksgiving dinner brought out a number of interesting anecdotes about the practice by employers of screening job applicants based on their Facebook or MySpace pages.  Apparently it is now common for hiring managers to review social networking sites of applicants … Continue reading

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Staples Announces $38 Million Class Action Settlement

Staples, Inc. announced a $38 million settlement of a wage and hour class action in California involving 1,700 assistant managers who were allegedly misclassified as exempt from overtime pay.  The company had previously estimated the potential liability in the case … Continue reading

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In-House Counsel Not Liable For Defamation

Can in-house counsel be held liable for defamation by sending a termination letter to an employee’s attorney recounting the grounds for the termination?  The U.S. Court of Appeals for the Eighth Circuit said “no” under North Dakota law in Humann … Continue reading

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Court Holds That Vacation Pay Is “Wholly Contractual”

In an opinion dated November 15, 2007, the Minnesota Supreme Court held that employer liability for vacation pay upon termination is “wholly contractual.”    The court stated that “when employers choose to offer paid time off as a benefit, employers and employees … Continue reading

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New FLSA Opinion Letters

The U.S. Department of Labor (DOL) publicly released several Fair Labor Standards Act (FLSA) opinion letters today.  The two most interesting letters deal with cattle industry Field Inspectors and court reporters.  In the first letter, the DOL found that because … Continue reading

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Federal Study Suggests That Employers Win Small Number of Employment Discrimination Claims On Summary Judgment

(h/t Workplace Prof Blog) An initial report by the Federal Judicial Center on summary judgment practice across the federal district courts suggests that between 9% – 14% of all employment discrimination cases are actually terminated on summary judgment (Table 12).  The report … Continue reading

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OSHA Issues Final Rule On Personal Protective Equipment

On November 15, 2007, the Occupational Safety and Health Administration (OSHA) published Employer Payment for Personal Protective Equipment; Final Rule (72 Fed. Reg. 200 at 64341).  The final rule becomes effective on February 13, 2008, and must be implemented by … Continue reading

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Podcast: The Week in Review

The week in review podcast for the second week of November.  This week’s employment law topics from Virginia and beyond include:  practical pointers; 4th Circuit case update; class actions; legislative developments in the area of sexual orientation discrimination; and the … Continue reading

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Jury Verdicts

Here is a collection of recent articles about employment law jury verdicts and fee awards:  PA — Court awards $45.7 million in attorneys’ fees in rest break class action against Wal-Mart (Law.com, Nov. 16, 2007).  CA — Jury awards BART mechanic … Continue reading

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Labor Shortages In Our Future?

Kiplinger.com reports in More Companies Struggle to Find Workers (Nov. 14, 2007) that the shortage of workers will become acute in less than a decade.  They advise employers to start planning now.  CNNMoney.com reported at the beginning of the year … Continue reading

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Protection For Transgender People Extended in Montgomery County, Maryland

Continuing a thread of comments today and yesterday, we note the passing of legislation in Montgomery County, Maryland, extending protection from discrimination in housing, employment, public accommodations, cable television service and taxicab service to transgender people.  In a press release … Continue reading

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What is the future of arbitration?

Will arbitration soon be banned for employment disputes?  There appears to be a perfect storm converging in the area of arbitration.  The Wall Street Journal’s Law Blog asks today, “Is arbitration the new litigation?“  Referring to a positive article on arbitration … Continue reading

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Jury Awards $4.4 Million In Sexual Orientation Lawsuit

In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the … Continue reading

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