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Ross' Employment Law Blog 
By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo.Com - First in Employment Law.
Post Frequency: 4.8/day Last Entry: March 29, 2011 at 20:01:45 Recent Entries: 439
Go to Ross' Employment Law Blog, find other Labor & Employment Law blogs, or browse all law blogs.
Jackson Lewis snags leading labor law practitioner from Littler
Posted on September 14, 2009Robert Lloyd Clayton - who counsels colleges and universities in labor-management relations and employment litigation, and in Title IV, VI and IX and NCAA compliance matters - has left Littler Mendelson to become a partner at Jackson Lewis. From the Jackson Lewis press release (09/11/2009: Washington, D...
National Education Association affiliate to pay for allegedly harassing women again
Posted on September 14, 2009$170,000 plus $750,000 equals $920,000. This was the cost of settling EEOC charges that an executive director delivered a daily barrage of abusive treatment to female employees. EEOC press release 09/14/2009: ANCHORAGE, Alaska ? The Alaska affiliate of the National Education Association (NEA-AK) has agreed to provide $170,000 and other relief to settle a federal lawsuit charging that its executive director targeted four female employees for severe harassment because of their gender, the U...
Circuit Court denies injunction of E-Verify rule
Posted on September 11, 2009The 4th Circuit denied a motion to enjoin implementation of the Department of Homeland Security's new rule requiring federal contractors to use E-Verify as a means of ensuring that employees and new hires are authorized to work in the United States. Chamber of Commerce v...
Connecticut Employment Law Blog, by Daniel Schwartz
Posted on September 07, 2009Happy Second Birthday to Connecticut Employment Law Blog, by Daniel Schwartz. Dan is a partner at Pullman & Comley in Hartford, CT. I have to say, the "Connecticut" part of the blog name might lead you to think it has a narrow focus. Nothing could be further from the truth...
Work Matters, by Mike Maslanka
Posted on September 07, 2009Today is the first anniversary of the beginning of one of my favorite labor and employment law blogs - Work Matters, by Michael P. Maslanka. Mike is a management-side lawyer. He's the managing partner of Ford & Harrison in Dallas, Texas. Why is his blog one of my favorites? This man writes from the heart...
WI - No negligent supervision for security manager's internet posting of adulterated photos
Posted on September 01, 2009Maypark v. Securitas Security Svcs (Wisconsin Ct App 09/01/2009) The employer of a security manager was not liable for negligent training and supervision when the manager took ID badge photos, ejaculated on them, and posted them on adult web sites. Securitas provided security services for Polaris Industries...
Court approves E-Verify requirement
Posted on August 27, 2009For some long time the federal government has been working on requiring federal contractors to use E-Verify as a means of ensuring that employees and new hires are authorized to work in the United States. Yesterday a federal court cleared away one more hurdle...
EEOC v. At&T class action for age discrimination
Posted on August 20, 2009Today EEOC filed a class action suit against AT&T, Inc. and a number of its subsidiaries alleging age discrimination. The basic claim: AT&T discriminated against a class of retired AT&T workers by denying them the ability for reemployment solely because they retired under early retirement plans including the Voluntary Retirement Incentive Program (VRIP), the Enhanced Pension and Retirement Program (EPR) or other retirement plan...
CA - Last chance agreement cannot waive statutory right to notice and hearing
Posted on July 29, 2009From today's Employment Law Memo: Farahani v. San Diego Comm Coll (California Ct App 07/28/2009) Farahani was a tenured professor against whom there were complaints of unwanted sexual and social advances. After the college began disciplinary proceedings, Farahani's union arranged for him to sign a last chance agreement in which he agreed that the college could discharge him if he violated the agreement, without complying with the state Education Code...
MA - Arbitration agreement did not cover state statutory discrimination claims (6-1)
Posted on July 29, 2009From today's Employment Law Memo: Warfield v. Beth Israel Deaconess Med Cntr (Massachusetts 07/27/2009) Warfield sued her employers claiming gender-based discrimination and retaliation in violation of state statute. The trial court denied the employers' motion to compel arbitration; the Massachusetts Supreme Judicial Court affirmed...
11th - No class certification for claimed failure to pay for all hours worked
Posted on July 29, 2009From today's Employment Law Memo: Babineau v. Federal Express (11th Cir 07/27/2009) Hourly employees sued claiming breach of contract and quantum meruit for the employer's failure to pay for "all hours worked." The trial court refused to certify a class of employees employed in Florida; the 11th Circuit affirmed, holding that the trial court did not abuse its discretion...
7th - Employee unable to show age discrimination during RIF
Posted on July 29, 2009From today's Employment Law Memo: Martino v. MCI Communications (7th Cir 07/28/2009) Martino sued his former employer claiming he was selected for termination during a reduction in force because he was nearing his 56th birthday. The trial court granted summary judgment for the employer; the 7th Circuit affirmed...
WI - State law age discrimination claim was barred by "ministerial exception" (4-3)
Posted on July 24, 2009A first grade teacher at a Catholic school brought an age discrimination claim against Coulee Catholic Schools under the Wisconsin Fair Employment Act (WFEA). The trial court rejected the employer?s assertion that the employee fell within the "ministerial exception" under the 1st Amendment and its state counterpart...
5th - FLSA doesn?t require paying recruitment, transportation, visa expenses for foreign guest workers
Posted on July 24, 2009Following Hurricane Katrina, Decatur Hotel in New Orleans brought in a number of workers from outside the United States. Daniel Castellanos-Contreras and other guest workers (holding H-2B visas) sued the hotel, their employer, asserting a claim for failure to pay minimum wages under the Fair Labor Standards Act (FLSA)...
Great customers
Posted on July 11, 2009On Wednesday I paid visits to five LawMemo customers. Two were managing partners at employment law boutiques, and three were the chairs of the labor/employment practice groups at full-service law firms. All five law firms have wall-to-wall site licenses so all their lawyers and support personnel can receive Employment Law Memo emails three times a week...
Third nomination to NLRB
Posted on July 10, 2009President Obama has announced his intent to nominate Republican Brian Hayes as a Member of the National Labor Relations Board. [White House press release] The NLRB now has two Members. The President has nominated three additional Members to bring the Board up to its statutory level of five Members...
Internal complaints are protected activity under FLSA, but must be in writing
Posted on July 01, 2009The 7th Circuit says the FLSA prohibits retaliation for internal complaints about FLSA violations, but only if those complaints are in writing. Kevin Kasten sued his former employer, asserting a retaliation claim under the Fair Labor Standards Act (FLSA)...
Cert granted on Section 301 suit: tortious interference and duty to arbitrate
Posted on June 30, 2009The US Supreme Court has granted certiorari in an LMRA Section 301 case that raises issues on (1) whether an employer can state a claim of tortious interference against a union that was not a signatory to a collective bargaining agreement, and (2) the scope of the duty to arbitrate...
Cert granted in ERISA case
Posted on June 30, 2009The US Supreme Court has granted certiorari in an ERISA case that raises issues on (1) the extent to which a district court must defer to the views of an ERISA plan administrator and (2) the appropriate scope of appellate review. This case will be argued in the fall...
City violated Title VII by discarding racially disproportionate test results (5-4)
Posted on June 29, 2009Today the US Supreme Court decided Ricci v. DeStefano (US Supreme Court 06/29/2009) The New Haven, Connecticut fire department administered civil service tests for applicants for positions as captain and lieutenant. The examination resulted in disproportionately higher scores for white applicants than for minority applicants...
Employer required to disgorge employee's emails to her attorney
Posted on June 28, 2009Marina Stengart sued her former employer for violation of the New Jersey Law Against Discrimination (LAD). The trial court denied Stengart's motion for temporary restraints with respect to attorney-client privilege. The New Jersey Appellate Division reversed...
Supreme Court will hear False Claims Act qui tam case
Posted on June 23, 2009The US Supreme Court granted certiorari today in Graham County Soil & Water Conservation Dist v. United States ex rel Wilson (Certiorari granted 06/22/2009) [Details, briefs] Karen Wilson was an employee of the Graham County Soil and Water Conservation District...
Employment Law Memo 06/22/2009
Posted on June 21, 2009Employment Law Memo by LawMemo Employment Law Memo 06/22/2009 LawMemo First in Employment Law Available by subscription *** Featured Cases *** 2nd ? NLRA requirement of 10-days notice of intent to picket doesn?t apply to employees acting in their individual capacities...
Supreme Court: Mixed motives jury instruction "is never proper in an ADEA case"
Posted on June 18, 2009The US Supreme Court decided today (5-4) that a mixed motives jury instruction "is never proper in an ADEA case." Gross v. FBL Financial Services (US Supreme Court 06/18/2009) Gross sued claiming that his demotion was in violation of the Age Discrimination in Employment Act (ADEA), and won a jury verdict...
SCOTUS - Age discrimination: Burden of proof never shifts
Posted on June 18, 2009Before today, it was quite common for courts to use Title VII's burden-shifting analysis when dealing with age discrimination (ADEA) cases. Put that into the past. The US Supreme Court has spoken, voting 5 to 4. Gross v. FBL Financial Services (US Supreme Court 06/18/2009) [Full text] [Official Syllabus] [Briefs] Take a discharge case as an example...
Who is "management" in co-worker sexual harassment cases?
Posted on June 12, 2009Priscilla Huston claimed she was sexually harassed by co-employees. A couple of other folks at the company had knowledge of the harassment. The legal question was whether these other folks were "management." If they were management, then their knowledge would be inputted to the company, so now the company would know...
You can be fired in retaliation for your fiancée's protected activity
Posted on June 09, 2009In a 10 to 6 decision (that's a lot of judges), the 6th Circuit decided that Title VII does not create a cause of action for third-party retaliation for persons who did not themselves engage in protect activity. Thompson v. North American (6th Cir 06/05/2009) Facts: Eric Thompson claimed he was fired because his fiancée filed an EEOC charge...
5th - EEOC prevails in chronic fatigue syndrome ADA case
Posted on June 05, 2009EEOC won a major victory today, on behalf of a former employee who suffered from chronic fatigue syndrome. The full opinion: EEOC v. Chevron Phillips Chemical (5th Cir 06/05/2009) EEOC sued Lorin Netterville's former employer claiming violations of the Americans with Disabilities Act (ADA)...
Supervisors can share in tips put into collective tip boxes
Posted on June 02, 2009Jou Chau, a former Starbucks "barista," brought a class action against Starbucks challenging Starbucks's policy permitting certain service employees, known as shift supervisors, to share in tips that customers place in a collective tip box. Chau sued the employer in a class action, alleging that the employer violated California Labor Code Section 351...
SCOTUS - Seniority system trumps pre-PDA pregnancy differential
Posted on May 18, 2009Once again, the US Supreme Court has applied Title VII §703(h) to insulate from Title VII liability a current seniority system based in part on old differentials based on pregnancy. Also, the Court said the Lilly Ledbetter Fair Pay Act of 2009 did not apply to pre-PDA differentials because they were not "discriminatory" at the time...
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It seem sin your case that the fact you filed the complaint prior to being dissa...
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You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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