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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.
Jury: $3.2 million for malicious prosecution
Posted on December 14, 2009A federal jury has returned a verdict of $3.2 million in favor of an employee who claimed that a company investigation led to his being wrongfully charged with grand larceny in connection with the embezzlement of computer equipment. [Article]
$1,738,133 in unpaid overtime
Posted on December 14, 2009Department of Labor has recovered $1,738,133 from a medical corporation comprised of seven health care centers and hospitals. DOL found that the company violated the FLSA's overtime provisions by failing to pay its nursing staff time and one-half their regular rates for hours worked beyond 40 in a workweek, in that employees were not paid when they were required to work during some meal periods...
$12.8 million settlement on claimed misclassification of employees
Posted on December 14, 2009A federal judge has preliminarily approved a $12.8 million settlement between UPS Supply Chain Solutions and a class of 660 delivery drivers who claimed they were denied overtime payment because they were misclassified as independent contractors rather than employees...
DOL claims stock transactions violated ERISA
Posted on December 14, 2009The US Department of Labor has sued the trustees of the employee stock ownership plans and a number of ERISA plans of DirecTECH Holding Co, its former subsidiaries, the companies' boards of directors, and the parties who sold stock at inflated prices to the plans for alleged violations of the Employee Retirement Income Security Act (ERISA)...
EEOC suit claims male-on-male harassment
Posted on December 14, 2009EEOC has sued a retail and wholesale fish market, claiming that some of the owners and managers created a hostile work environment for male employees, including physical and verbal sexual harassment and offensive and degrading comments based on race and national origin...
$55,000 DOL child labor fine
Posted on December 14, 2009Walt's Food Centers has paid fines totaling $55,000 to settle claimed child labor law violations that included allowing workers as young as 16 to operate paper-baling machines. [Article]
$937,460 DOL H-2A settlement
Posted on December 14, 2009Eurofresh Inc. of Willcox, AZ, has reached an agreement with the U.S. Department of Labor's Wage and Hour Division to pay $937,460 in back wages and interest to 587 U.S. workers following an investigation into company practices related to hiring temporary, non-immigrant foreign agricultural workers...
$142,500 ADA settlement
Posted on December 14, 2009$142,500 settles EEOC's claim that a hospital discriminated against an employee on the basis of her disability, Type I "brittle" diabetes, after she experienced a diabetic coma for which she was treated there. Specifically, the EEOC charged that the hospital failed to grant the employee a reasonable accommodation to permit her to modify her part-time work schedule as an employee health nurse so that she would work three days in a row rather than alternate work days...
Deductions for partial and full day absences of exempt employees
Posted on December 04, 2009The California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE) says that it may be permissible for an employer to deduct from an exempt employee's leave balances due to partial day absences due to vacation or sickness...
NLRB year-end report
Posted on December 04, 2009NLRB's General Counsel's summary of activities for Fiscal Year 2009 shows the overall caseload held steady while union election petitions dropped significantly from the previous year. [NLRB press release] [Year-end Report]
DOL: Updated Employment Law Guide
Posted on December 04, 2009The US Department of Labor has an updated version of its popular online publication Employment Law Guide. Written in plain language, it is especially helpful for employers without a dedicated legal or human resources staff. [Employment Law Guide] The Guide is a companion to DOL's FirstStep overview advisor, an online system that allows employers to quickly and easily determine which federal employment laws apply to them...
DOL: Inspector General Report
Posted on December 04, 2009Department of Labor's Inspector General's six month report says, "our investigative work resulted in 214 indictments, 221 convictions, and $123.1 million in monetary accomplishments." [Highlights] [Full report]
USERRA enforcement
Posted on December 04, 2009$6,125 and reinstatement settles Department of Justice claim that Newark Public Schools violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) with regard to a naval reservist. [DOJ press release] Department of Justice has sued MasTec Advanced Technologies, claiming it willfully violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) with regard to an army reservist...
EEOC settlements
Posted on December 04, 2009$175,000 settles a claim that The Kohler Company discriminated against a pregnant sales executive by firing her due to her gender and her pregnancy, less than one month prior to her delivery date. [EEOC press release] $35,000 settles a claim that EaglePicher Technologies fired an employee in retaliation for her complaints of sex discrimination and her participation in a 2003 discrimination lawsuit filed by the EEOC...
FMLA amendment goes to President
Posted on December 04, 2009The Airline Flight Crew Technical Corrections Act, to amend the FMLA, has passed the House and Senate, and now goes to the President. It provides that flight crews get credit for all hours, not just flight hours, for the FMLA hours-worked threshold...
$40 million to settle wage and hour class action
Posted on December 04, 2009Wal-Mart Stores agreed Wednesday to pay $40 million to as many as 87,500 current and former employees in Massachusetts. The class action suit alleged that the employer denied workers rest and meal breaks, refused to pay overtime, and manipulated time cards to lower employees? pay...
Wal-Mart prevails in store closure litigation
Posted on November 27, 2009Seven months after UFCW organized a Wal-Mart store in Quebec, the company closed the store, terminating 190 employees. In a narrowly crafted 6-3 decision, the Supreme Court of Canada on 11/27/2009 rejected an employee's claim that he lost his job due to union activity...
Cert granted: Is the NLRB authorized to act when only two of its five positions are filled?
Posted on November 02, 2009The NLRB has had only two Members (instead of the normal five Members) since the end of 2007. Near the end of 2007, there were still four Members, and they delegated their powers to a group of three. Everybody knew that only two of those three would be left at the end of the year...
Same-sex harassment: Absurd decision by the 5th Circuit
Posted on October 22, 2009Connie Love claimed her employer violated Title VII because a female co-worker subjected her to sexual harassment through inappropriate comments, gestures, and physical contacts. The 5th Circuit, in a "non-precedential" 2-1 decision, upheld summary judgment for the employer, saying that Love failed to show that the alleged harasser made "explicit or implicit proposals of sexual activity...
LawMemo's Latest Cases - Sneak Preview
Posted on October 16, 2009Up until now, LawMemo has provided a three-per-week email service - Employment Law Memo - summarizing employment law decisions. It's quite popular, and we plan to keep it going. Let's compare Employment Law Memo to BNA's Daily Labor Report. LawMemo reports on more appellate court decisions...
New GINA rules protect patients? genetic information
Posted on October 03, 2009GINA - Genetic Information Nondiscrimination Act of 2008 - is resulting in new government rules relating to the use of genetic information. The rules were announced Thursday and will be published in the Federal Register on October 7, 2009. Interim Final Rules Prohibiting Discrimination Based on Genetic Information in Health Insurance Coverage and Group Health Plans (Publication date 10/07/2009) Proposed Rule Modifying HIPAA Privacy Rule (Publication date 10/07/2009) Press release from US Department of Health and Human Services: FOR IMMEDIATE RELEASE Thursday, Oct...
Weil Gotshal acquires Merrill Lynch employment law head
Posted on October 01, 2009Allan Dinkoff has joined Weil, Gotshal & Manges as counsel in the New York office. Dinkoff was Managing Director and Head of the Employment Law Group at Merrill Lynch & Co., Inc. Press release from Weil Gotshal: New York, NY, September 22, 2009 ? Weil, Gotshal & Manges announced today that Allan Dinkoff, formerly a Managing Director and Head of the Employment Law Group at Merrill Lynch & Co...
Cert granted in Title VII statute of limitations case
Posted on September 30, 2009In a disparate impact case, is the Title VII statute of limitations measured from announcement, or use, of unlawful practice? That's the question the US Supreme Court will address in Lewis v. City of Chicago (Certiorari granted 09/30/2009) [briefs etc...
EEOC announces 32 suits in past seven days
Posted on September 28, 2009The EEOC has announced 32 new new lawsuits against employers during the past seven days. I don't know whether that's a record, but it indicates the EEOC's willingness to go to court on behalf of individuals as well as groups of employees, and against large and relatively small employers...
LeClairRyan seminar on key employment law issues
Posted on September 23, 2009LeClairRyan attorneys will explore key issues in labor and employment law in half-day New Jersey seminar on October 15. LeClairRyan press release: NEWARK, N.J. (9/21/09) ? Legal challenges associated with labor and employment are as timely as today?s headlines...
EEOC's Proposed regulations under ADAA
Posted on September 22, 2009The Equal Employment Opportunity Commission (EEOC) is expected to file in the Federal Register its proposed regulations under the Americans with Disabilities Act as amended, some time this week. The document is 93 pages. The public will have 60 days within which to file comments...
Obama's NLRB - What Changes To Expect [Wow]
Posted on September 18, 2009If you follow the NLRB at all, here is something you absolutely must read. The US Chamber of Commerce has published a 79 page report, The National Labor Relations Board in the Obama Administration: What Changes To Expect No matter which side of the issues you are on, this document will arm you with a knowledge of the probable future changes to expect from the NLRB under the Obama administration...
Appointees to Federal Service Impasses Panel
Posted on September 16, 2009The Presiddent has named seven highly-qualified individuals to the Federal Service Impasses Panel ? Federal Labor Relations Authority: Mary Jacksteit, Chair, Federal Service Impasses Panel ? Federal Labor Relations Authority Mary Jacksteit has over 20 years of experience in mediation, facilitation and negotiation working for non-profit organizations, government agencies and community organizations...
Miller & Chevalier Expands ERISA and Fiduciary Litigation Practice
Posted on September 15, 2009Miller & Chevalier Chartered has announced the addition of two lawyers to its ERISA and Fiduciary Litigation practice - Tess J. Ferrera and Michael Khalil. According to the firm's web site, the firm now has 18 lawyers in this practice group. Miller & Chevalier press release: Washington, D...
Accessing computer to further employee's own personal interests was not "without authorization"
Posted on September 15, 2009Today the 9th Circuit made it a bit more difficult for an employer to use the federal Computer Fraud and Abuse Act (CFAA) against an employee who uses the boss' computer to acquire confidential information. LVRC Holdings v. Brekka (9th Cir 09/15/2009) LVRC sued Brekka (its former employee) and others claiming a violation of the federal Computer Fraud and Abuse Act (CFAA) by accessing LVRC's computer "without authorization...
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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
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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...
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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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Equal Employment Opportunity Act
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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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