On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more
5/12/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Class Action ,
Class Arbitration ,
Collective Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Per Diem ,
Reaffirmation ,
Travel Reimbursements ,
Wage and Hour
On a matter of first impression, the U.S. Eleventh Circuit, in Durham v. Rural/Metro Corp., applied the test for indirect evidence of intentional pregnancy discrimination enunciated by the U.S. Supreme Court in Young v. UPS....more
5/8/2020
/ Appeals ,
Disparate Treatment ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Indirect Discrimination ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remand ,
Reversal ,
Summary Judgment ,
Unpaid Leave ,
Young v United Parcel Service
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more
4/16/2020
/ Administrative Procedure ,
Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissal With Prejudice ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Hiring & Firing ,
Relate Back Doctrine ,
Reversal ,
Technical Standards
On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court...more
On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of...more
A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more
7/26/2016
/ Anti-Harassment Policies ,
Appeals ,
Complaint Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Faragher/Ellerth defense ,
Hostile Environment ,
Internal Communications ,
Internal Investigations ,
Reversal ,
Sexual Harassment