Showing 15 posts from January 2013.

Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims

January 9, 2013 by Hinshaw & Culbertson LLP

MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful MSJ for the individual and entity employer defendants. More ›

Arbitration Agreement Containing Class Waiver Enforceable in FLSA Case

January 9, 2013 by Hinshaw & Culbertson LLP

A residential care facility administrator entered into an arbitration agreement at the time she was hired which provided that she would submit any and all claims relating to her employment to arbitration. The agreement also contained a class waiver. Despite the foregoing, the administrator filed an action on behalf of herself and other current and former employees claiming that they were misclassified as “exempt” employees, but should have been entitled to overtime pay under the Fair Labor Standards Act (FLSA) because they regularly worked over forty hours per week. More ›

Ohio Court Allows Employee to Pursue Religious Discrimination Claim Based on Veganism

January 4, 2013 by Hinshaw & Culbertson LLP

Veganism = religion? Well, it's certainly akin to a religious belief, holds a federal district court in Ohio. More ›

NLRB Requires Employer to turn over Witness Statement

January 3, 2013 by David Ian Dalby

Under Anheuser Busch (237 NLRB 982, (1978)), employers were not required to turn over witness statements to the Union where such statements were obtained during the course of an employer's disciplinary investigation because such statements were confidential. Recently, however, the NLRB found that a witness statement was not entitled to such protections, nor did it constitute attorney work product, and required the employer to produce the disputed statement.   More ›

11th Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement

January 2, 2013 by Ambrose V. McCall

The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its analysis with a quote from the mathematician, physicist, and philosopher Blaise Pascal. "Contradiction is not a sign of falsity, nor the lack of contradiction a sign of truth." Given that plaintiff appealed a summary judgment granted to the employer, such words signaled a reversal on appeal. More ›

Search

Subscribe via Email

RSSSubscribe via RSS
TwitterFollow us on Twitter

Blog Editors

Blog Contributors

Archives