Labor & Employment Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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The DIGEST Of Equal Employment Opportunity Law

Agency Processing - Agency Failed to Develop Adequate Record to Make Determination on Claim of Sex Discrimination Based on Gender Stereotype. Complainant alleged that he was subjected to ongoing hostile work environment...more

Duty to Accommodate Trumps Company Policy

Siblings 16-year-old H.T. and 14-year-old J.T. began working for ES Holdings Inc. o/a Country Herbs (Country Herbs) in April 2014. H.T. was responsible for packaging herbs, while J.T. made boxes into which herbs were placed...more

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

Downriver Community Services Fired Counselor Because of Disability, EEOC Charged in Suit

Employer Refused to Make Accommodation for Herniated Disc, Federal Agency Said - DETROIT - A New Haven, Mich.-based provider of community health services violated federal law by denying a reasonable accommodation to,...more

EEOC Sues Neenah Paper for Disability Discrimination

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - Neenah Paper, Inc., a manufacturer of various types of premium paper with a paper mill in Munsing,...more

Court Awards Over Half Million Dollars Against Consol Energy/Consolidation Coal In EEOC Religious Discrimination Lawsuit

Mining Companies Forced Evangelical Christian to Retire Over Biometric Hand Scanning Violating Title VII, Jury Found Earlier - PITTSBURGH - The U.S. Equal Employment Opportunity Commission (EEOC) has won a victory in...more

Show Me the Money: The EEOC Secures Post-Trial Damages Victory In Religious Discrimination Case

In EEOC v. Consol Energy, Inc. et. al., Case No. 1:13-CV-215 (S.D. W. Va. Aug. 21, 2015), a jury found in favor of the EEOC in its claim brought under Title VII that the employer denied an employee a religious accommodation...more

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

New York Court of Appeals Advises Employers to Take Time to Present Restrictive Covenants to New Employees

It is not uncommon for employers to present restrictive covenants, such as non-competition, non-solicitation, or confidentiality agreements, to new employees in a stack of orientation paperwork. A recent case from New York’s...more

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...more

Address Businesses Liabilities With Sound Compliance, Experienced Litigation Counsel

One of the points we mention fairly frequently on this blog is that proactive regulatory compliance is critical for businesses. One reason for this is that the costs for failing to comply with federal laws and regulations can...more

Corporate Communicator - Fall 2015: SEC Proposes Rules for the Clawback of Executive Compensation

In this issue of the Corporate Communicator, we bring you an article about the SEC’s recently released proposal to adopt rules for the clawback of executive compensation. The proposal is already controversial and it may prove...more

Hufcor, Inc. to Pay $120,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Female Machine Operator Was Abused at North Prairie, Wis., Factory, Federal Agency Charged - MILWAUKEE - Hufcor, Inc., of Janesville, Wis., the world's leading manufacturer of operable and accordion partitions, will pay...more

Jury slaps AutoZone with $186M verdict for pregnancy bias

Earlier this summer, a California jury awarded nearly $186 million – $800,000 in compensatory damages and $185 million in punitive damages – to a former AutoZone store manager who filed suit against the auto parts retailer...more

Court Of Chancery Confirms Limitations For Indemnification Claim

This decision confirms that the statute of limitations on a claim for indemnification does not begin to run until the underlying litigation is concluded. Indeed, equitable tolling may also extend the time when a suit may be...more

EEOC Wins $365,000 Default Judgment Against Bliss Cabaret for Race Discrimination and Retaliation

Adult Entertainment Club Fired Manager Who Objected to Ban on Hiring African-Americans and Terminated African-American Bartender Due to Race - TAMPA, Fla. - A Clearwater, Fla., adult entertainment club and its parent...more

Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the...more

Effective Carve-Outs to Seek Injunctive Relief from the Court in Arbitration Provisions

Christopher Pike: “That’s a technicality.” Spock: “I am a [lawyer], sir. We embrace technicalities.” Star Trek Into Darkness - Arbitration is no longer the final frontier. Instead, arbitration is often the...more

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Court Of Chancery Enforces Delaware Law On Restrictive Covenants

KAN-DI-KI, LLC v. Suer, C.A. No. 7937-VCP (July 22, 2015) - This is an interesting case just for the cast of characters involved. However, it also has 2 important legal points....more

Court Decries Ambiguity Of Terminology Used In Non-Compete Agreement And Injunction

A preliminary injunction was entered against a fired executive of a roofer who, immediately after he was discharged, went to work for an alleged competitor. The district court held, and the Seventh Circuit agreed, that his...more

Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions

In an important development under False Claims Act (“FCA”) case law, the U.S. Court of Appeals for the Ninth Circuit has expressly abrogated former precedent limiting the ability of whistleblowers to recover funds reimbursed...more

Massachusetts State Court Holds Employee Cannot Recover Treble Damages on Late Wage Payments

Can an employer escape a treble damage award under the Massachusetts Wage Act where it makes a late payment of final wages to a fired employee after the employee filed a wage complaint with the state Attorney General but...more

Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole...more

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