Welter Law Firm, P.C.: Big Firm Quality, Small Firm Service
Can an employee pursue a lawsuit against his employer for personal injuries if he has already filed a workers’ compensation claim when the employer was not insured? Interestingly, under Virginia law, the answer apparently depends on whether the workers’ compensation claim is final. More after the break.
A receptionist in Chicago, Illinois was terminated by her employer for clocking out for her lunch break and continuing to work and was eventually awarded unemployment benefits. The case has generated a significant amount of press and television coverage, but is actually the result of onerous state laws mandating meal and rest periods and the efforts of employers to comply with them and avoid class action litigation. More after the break.
Our latest update on recent employment-related jury verdicts and settlements after the break.
With the economy in turmoil, DC (among other jurisdictions) is considering adding the “unemployed” to the list of protected classes under its human rights act. Contrary to popular belief, doing so is not free. More after the break.
In Bank of America N.A. v. Solis, No. 09-2009 (D.D.C. Dec. 13, 2011), United States Magistrate Judge Deborah A. Robinson for the District of District of Columbia issued a report and recommendation that includes a finding that OFCCP’s ability to select contractors for audit is limited by the Fourth Amendment’s prohibition against unreasonable search and seizure. This presents an interesting issue for contractors facing compliance review. More after the break.
Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage requirements of the FLSA. The Supreme Court denied certiorari on January 17, 2012, effectively ending this appeal. USA Today has a story about the case here. More after the break.
The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage Orders. More after the break.
The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision. (Hat tip to The Employer Handbook.)
The EEOC received 99,947 charges of discrimination in 2011 and has increased its focus on cases of alleged “systemic discrimination.” More after the break.
On January 11, 2012, in a 9-0 opinion, the U.S. Supreme Court held that the ministerial exception bars an employment discrimination suit brought on behalf of a minister challenging her church’s decision to fire her. More on the case after the break.
Dorothy, we’re not in Kansas anymore. The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities. Overlawyered has the post here. For those interested, the text of the letter is after the break.
On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 which obligates federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed rule incorporates the ADAAA’s expanded definition of disability and imposing new requirements for contractors in the areas of recruitment, data retention and AAP dissemination. In addition, the rule clarifies OFCCP’s expectations for contractors by providing specific guidance on how to comply with the law. More after the break.
In AT&T Mobility v. Concepcion, the U.S. Supreme Court enforced a consumer arbitration agreement that contained a “class action waiver” in which the plaintiff waived his right to file a class action lawsuit, and required the plaintiff to arbitrate his dispute on an individual basis. In a recent decision, D.R. Horton, Inc., the National Labor Relations Board (“NLRB”) concluded that a similar arbitration agreement including a class action waiver unlawfully restricted employees’ right to engage in concerted activity, and therefore, violated the National Labor Relations Act (“NLRA”). More after the break.
In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it. More after the break.
