Labor & Employment

Lawyer’s ‘tale of apparent injustice’ in appeals brief falls short of argument, 10th Circuit says

A lawyer’s “tale of apparent injustice” in an appellate brief contained only one sentence worthy of consideration, and it wasn’t enough to keep the case from being tossed out, according to a federal appeals court. The Denver-based 10th U.S. Circuit Court of Appeals on Thursday affirmed dismissal of the suit…

May 4, 2015 6:15 AM CDT

Employee plans harassment suit against retired county prosecutor, seeks ‘breast of the day’ emails

The retirement of a New Jersey county prosecutor is being roiled by accusations of sexual harassment. An unidentified employee of the Mercer County prosecutor’s office has formally notified the county, through her lawyer, Robin Lord, that she intends to file suit and asked that evidence including claimed “breast of the…

May 1, 2015 1:19 PM CDT

Cheerleaders file labor and employment suits against the NFL

A recent spate of lawsuits by professional cheerleaders against National Football League franchises has cast an unflattering light on how the league's sideline dancers are treated and compensated.

May 1, 2015 6:15 AM CDT

Suit claims Farmers Insurance underpays female lawyers

A female lawyer claims in a lawsuit against Farmers Insurance that her $99,000 salary at the company was substantially less than the paycheck for male lawyers handling similar work. The plaintiff, Lynne Coates, says she complained when she learned in May 2014 that a male colleague handling similar tasks earned…

May 1, 2015 5:45 AM CDT

Rapped for photo taken with Snoop Dogg, state trooper files whistleblower suit against department

While working an off-duty security job last year at an Austin music festival, a Texas state trooper allowed rapper Snoop Dogg to be photographed standing next to him with his forearm resting on the lawman’s shoulder. The rapper, whose real name is Calvin Broaddus, posted the photo online over the…

Apr 30, 2015 9:30 AM CDT

Facebook posts get day care worker fired before job begins, add 12 days to paratrooper’s enlistment

Two recent stories illustrate yet again how social media posts can land employees in deep trouble with their employers. A single mom in Texas was happy to have a new job, but couldn’t resist posting on Facebook that “I absolutely hate working at day care.” That got Kaitlyn Walls fired…

Apr 29, 2015 3:14 PM CDT

Earlier clean-costume dispute helped fired Disney workers get rehired in Lion King case

More than a decade ago, a dispute over the condition of skintight underwear performers at Walt Disney World were required to don beneath their costumes led to new contract provisions intended to guarantee the cleanliness of the garments. Those provisions helped three Walt Disney World performers, who were fired last…

Apr 29, 2015 12:45 PM CDT

Kleiner to Ellen Pao: Drop appeal or pay $1M in legal costs

At one point, former BigLaw attorney Ellen Pao had sought $10 million to settle an employment discrimination and retaliation case against a storied Silicon Valley venture capital firm. But following a jury verdict last month in favor of Kleiner Perkins Caufield & Byers, the San Francisco case obviously could be…

Apr 23, 2015 4:15 PM CDT

Masked gunman in surprise ‘active shooter’ school drill traumatized teacher, federal lawsuit says

A surprise “active shooter” drill at a charter school in a rural Oregon community in 2013 was intended to help staff make better preparations to deflect real bullets, if such a situation ever occurs. No students were present on the in-service day when two masked, hooded, armed men appeared in…

Apr 21, 2015 11:35 AM CDT

Don’t participate in employee wellness program? Penalty can’t be too harsh, EEOC says in draft rules

Employers who want to punish employees who don’t participate in wellness programs can’t be too punitive, according to draft regulations by the U.S. Equal Employment Opportunity Commission. The preliminary regulations were drafted to take into account the Americans With Disabilities Act, which restricts medical information that employers can obtain from…

Apr 20, 2015 12:24 PM CDT

Employer ordered to pay $270K plus $2.1M in attorney’s fees, federal judge rules

A federal judge has ordered a Minnesota employer to pay a monster $2.1 million in legal fees for work by its opposing counsel in an employment discrimination case. That’s in addition to the $100,000 for emotional distress and another $170,000, representing double the amount of lost wages, owed to the…

Apr 14, 2015 12:20 PM CDT

Window washer who survived 11-story fall is sued by driver whose car he struck

A news story about the miraculous survival of a window washer who fell from the roof of an 11-story building in San Francisco’s financial district last year credits a passing motorist with saving his life. Instead of hitting the pavement on California Street after he fell from a scaffold, Pedro…

Apr 14, 2015 9:05 AM CDT

‘On-call’ work scheduling is probed by New York attorney general

The New York attorney general’s office is investigating whether on-call scheduling is used by 13 retailers, including Gap, Abercrombie & Fitch, Target, J. Crew, JCPenney and Sears. At issue is whether requiring workers to check in within hours of their shift violates New York’s labor laws, report the New York…

Apr 14, 2015 6:15 AM CDT

Telecommuting option not required by ADA for job demanding ‘interpersonal skills,’ says court

An en banc federal appeals court has ruled that Ford Motor Co. was not required to offer a telecommuting option to a worker with irritable bowel syndrome and whose job required “good, old-fashioned interpersonal skills.” The 8-5 en banc opinion (PDF) on Friday by the Cincinnati-based 6th U.S. Circuit Court…

Apr 14, 2015 5:45 AM CDT

Judge orders embattled state AG to show why she shouldn’t be held in contempt for axing prosecutor

Already in the midst of a grand-jury probe over her claimed release of confidential information to a newspaper to hurt a political rival, Pennsylvania’s attorney general has now been asked by the judge overseeing the investigation to explain why she fired a top prosecutor. Longtime prosecutor James Barker, who served…

Apr 10, 2015 2:45 PM CDT