No OT Claim Where Employee Ignored the Time Keeping System

By Ted Olsen Employers learned the value of an up-to-date time keeping system in a recent 10th Circuit decision.  Brown v. ScriptPro, LLC, No. 11-3293 (10th Cir. Nov. 27, 2012). In ScriptPro, a Customer Service Operations analyst, allegedly, got permission to work from home at night to store up hours for an upcoming leave.  When […]

Employers And Employees May Contract To Arbitrate Non-Competes

By Ted Olsen The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements.  In the most recent case, the employer and employees agreed to arbitrate any “dispute, difference or unresolved question between” them.  Later, the employer demanded an arbitration regarding two former employees’ supposed breaches of noncompetition and confidentiality covenants in the agreement. […]

Is “Hey, Where Are You?” An ADA Medical Inquiry?

By Michael Grubbs The Seventh Circuit Court of Appeals recently addressed this case: An employee did not show up for work or call to report his absence. The supervisor e-mailed the employee asking him to “give us a call.” Later, the employee responded with a lengthy e-mail disclosing his serious migraine condition.  A month later, […]

Tip Pooling Trouble

By Elizabeth Chilcoat The First Circuit Court of Appeals recently issued a decision that underscores the importance of including only appropriate employees in tip pools.  In Matamoros v. Starbucks Corporation, the court affirmed a $14.1 million award to a class of current and former baristas from approximately 150 different stores because shift supervisors were improperly […]

Court OKs DOI Lease Giving Preference To Tribe

By Mike Grubbs Since 2001, the EEOC has been contending that an employer, operating on Navajo tribal lands under a special leases, approved by the Department of Interior, could not hire members of the Navajo tribe in preference to members of other tribes. The EEOC argued that, under Title VII, the employer could exercise a […]

Courts Open For Any Reasonable Suggestion

By Matt Morrison In Porter v. City of Chicago, the plaintiff sued Chicago, alleging that the City failed to accommodate her need to attend Sunday morning church services.  The trial court and the 7th Circuit Court of Appeals both ruled that the City was not liable because, while discussing the situation with the employee, the […]

FMLA: Anxiety, Panic, Trial

By Vance Knapp If an employee has a panic attack in your office and asks for an ambulance, should you conclude she might need FMLA leave?  You might at least have a trial to find out.  In Clinkscale v. St. Therese of New Hope, No. 12-1223, (8th Cir. Nov. 13, 2012), a nurse, stressed out […]

Dear EEOC: Good Lawyering Not Required

By Emily Keimig With increasing frequency and fervor, the EEOC pursues and litigates cases against employers, often with multiple individuals involved, “pattern and practice cases” allegations—or both.  Different rules, procedures and available remedies apply in cases brought by the EEOC than apply to those involving those applicable to individual litigants.  Pattern and practice cases are […]

Board Stops Pummeling At-Will Disclaimers—For Now

By John Alan Doran The NLRB’s General Counsel issued two opinions yesterday that generally support employer use of at-will disclaimers in handbooks.  One case, Mimi’s Café arose in Arizona, while the second case, Rocha Transportation arose in California.  Both cases involved challenges to simple at-will disclaimers that, in addition to stating the at-will nature of […]

Mortgage Bankers Exempt Under FLSA

By Tom Kennedy The Sixth Circuit recently affirmed a jury verdict in favor of the largest internet mortgage loan originator in the Country.  In Henry v. Quicken Loans  445 of Quicken’s mortgage bankers in Michigan sued to recover overtime pay, claiming that they were improperly classified by Quicken as non-exempt workers.  The case proceeded through […]