Corporate Pilots Forced Out

By Bryan Stillwagon In EEOC v. Exxon Mobil Corp., No. 13-10164 (5th Cir. Mar. 25, 2014), the EEOC challenged Exxon’s policy requiring pilots of the company’s private aircraft fleet to retire at age 60.  The FAA’s “Age-60 Rule”—which was in effect until Congress passed the Fair Treatment for Experienced Pilots Act in 2007—prohibited over-age-60 pilots […]

11th Circuit Benchslaps EEOC

By John Alan Doran In what is becoming delightfully more common, a federal appellate court recently upheld a substantial attorneys’ fees award in favor of an employer and against the EEOC. EEOC v. Propak Logistics, Inc., No. 13-1687 (4th Cir. March 25, 2014) In 2003, Michael Quintois filed a charge against his employer, Propak, claiming employment discrimination against […]

Northwestern Football Players Are Employees

By Patrick Scully In a decision that could affect every private collegiate athletic department in the county, the Regional Director of the Region 13 of the NLRB has found scholarship football players at Northwestern University to be employees. If the decision stands, these “student athletes” will be permitted to vote on whether they will be […]

I Need a Vacation, Doctor’s Orders

By Bryan Stillwagon Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses.  Even if the leave would be medically beneficial, it has to correspond to a period of incapacity.  In Hurley v. Kent of Naples, Inc., No. 2:10-cv-00334-JES-SPC, 2014 WL 1088293 (11th Cir. Mar. 20, 2014), an employee’s […]

FAA > FLSA

By Lori Phillips The Federal Arbitration Act (“FAA”) embodies a liberal policy favoring arbitration agreements. That does not mean, however, that plaintiffs don’t try to escape mandatory arbitration even when they have agreed to it. In Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (11th Cir. Mar. 21, 2014), plaintiffs challenged the FAA’s application to […]

Risky Business: TPAs as Employers under the ADA

By Bryan Stillwagon Last week, in Brown v. Bank of America et al., No. 1:13-cv-00367-JAW (D. Me. March 7, 2013), a federal district court in Maine refused to dismiss a Bank employee’s disability discrimination claims against a third party administrator (“TPA”), which administered the Bank’s disability and leave claims.  The employee alleged the TPA controlled […]

Dramatic Changes Ahead for Overtime Laws

By Bryan Stillwagon On Thursday, President Obama will instruct the U.S. Department of Labor to revise its overtime regulations implementing the Fair Labor Standards Act. The President’s plan will force employers to pay more overtime to millions of workers previously exempt under the “white collar” exemptions. The plan would make this change by increasing the […]

SOX Un-Boxed

By Bill Wright Prepare for DOL whistleblower litigation.  The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision.  According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long as the employer does business with a publicly-traded company.  At the extreme edge, as the Justices noted, this means, […]

Don’t Forget Your Employees On Leave

By Jonathon Watson                 Do you have an employee on long-term leave with a right to reinstatement?  Is your business being acquired or bought out?  Make sure you keep the employee in mind! In Dorris v. TXD Services, LP, the plaintiff was deployed to Iraq for active duty service.  Later, the employer sold its […]