Labor Days
Why the “Epidemic” of FMLA Lawsuits?
The Administrative Office of the US Courts just reported a 26.3% jump in Family Medical Leave Act (“FMLA”) lawsuits in 2014. These numbers are a bit startling. In 2012, there were 291 FMLA lawsuits. In 2013, there were…
The Day of the Woman – Maybe Not at Kleiner Perkins
On Monday, March 9, one day after we all celebrated International Women’s Day, Ellen Pao, a Harvard-trained lawyer, took the stand in her sexual harassment trial against venture capital firm Kleiner Perkins in…
Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process
In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…
NY Labor Commissioner Raises Minimum Wage for Tipped Workers
At the end of February, New York’s acting labor commissioner, Mario J. Musolino, ordered that the minimum wage for tipped workers be raised to $7.50 an hour. The increase will go into effect at the end of 2015. This…
Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation
A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…