Too poor to arbitrate, but rich enough to litigate???

By John Alan Doran Yesterday the Arizona Court of Appeals decided a case that stands to undo the efficacy of arbitration agreements of all kinds in Arizona, including those found in the employment setting. Clark v. Renaissance West, LLC (Az. App. 7/30/2013). While the case involved elder abuse claims, the holding would seem to apply […]

Look! No Hands.

By Bill Wright When you look for evidence disassociating a manager from a hiring decision, the manager’s emails claiming credit for the decision don’t help. In a recent unpublished case, an employer needed to hire a scheduler. A former employee with experience was the obvious choice, but when the supervisor suggested his name, the site […]

A DIY Cautionary Tale for FLSA Settlements

By Bryan Stillwagon Employers beware: settling an FLSA lawsuit is not the place to hone your DIY skills. The 11th Circuit’s opinion in Nall v. Mal-Motels, Inc., No. 12-13528 (11th Cir. July 29, 2013), demonstrates why a few dollars saved upfront can cost you significantly down the road. In this case, a former employee sued […]

Affirmative Action, Part II

By Bill Wright Let’s break down OFCCP v. Florida Hospital of Orlando, ARB Case No. 11-011 (July 22, 2013). TRICARE is a program of the Department of Defense. Its job is to make sure military personnel and their families have access to healthcare. TRICARE contracts with “managed care support” systems (e.g. Humana Military Healthcare Services) […]

Affirmative Action Comes to a Hospital Near You

By Bill Wright Does the OFCCP have jurisdiction over hospitals that contract to provide medical services to members of the military? We hoped we were done with this issue when the Congress enacted the National Defense Authorization Act (“NDAA”) in December 2011. The Department of Labor Administrative Review Board (“ARB”) however has decided that the […]

Protesting Too Much

By Sarah Peace Last Friday, the Seventh Circuit Court of Appeals reminded employees that filing a Charge of Discrimination doth not make thee invincible. Benes v. A.B. Data, Ltd., No. 13-1166 (7th Cir. July 26, 2013). In this matter, a current employee filed a Charge of Discrimination and the EEOC held a mediation. At the […]

Forced Leave – No Violation

By Bill Wright An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second doctor released her to work. A third doctor released her to work. Then the employer […]

In An Employee’s Shoes

By Bryan Stillwagon How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Problem solved. Or maybe not. An appellate court has reminded employers again about the costly consequences of misclassification. In Scantland v. Jeffry Knight, Inc., No. 8:09-cv-01985-EAK-TBM, 2013 WL 3585635 (11th Cir. July 16, 2013), the […]

You’re so darned hot you’re fired!

By John Alan Doran Beauty turned ugly in the State of Iowa last week when the Iowa Supreme Court upheld the firing of a woman because she was simply too irresistible to the employer’s owner. This is the same conclusion the Iowa Supreme Court reached several months ago, when it first considered the case. The […]

Last Week In Bizzaro World…

By John Alan Doran The Second Circuit Court of Appeals held last week that an employer could possibly be required to reinstate illegal aliens previously terminated in violation of the National Labor Relations Act (“NLRA”). Palma v. NLRB. That’s right—an employer that fires employees in violation of NLRA could conceivably be required to reinstate ex-employees […]