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Labor & Employment

Apr 27, 2016

Labor & Employment – EEOC Can Enforce Subpoena in Illegal Worker Case

U.S. EEOC v. Maritime Autowash Inc. (Lawyers Weekly No. 001-075-16, 20 pp.) (Wilkinson, J.) No. 15-1947, April 25, 2016; USDC at Baltimore, Md. (Russell, J.) 4th Cir. Holding: In considering an undocumented alien’s Title VII claim against defendant carwash, a district court erred in refusing to enforce the EEOC’s subpoena seeking information related to the […]

Apr 18, 2016

Labor & Employment – ADA – Medical Exams – Communications Specialist – Ability to Navigate Safely

Equal Employment Opportunity Commission v. McLeod Health, Inc. (Lawyers Weekly No. 002-074-16, 20 pp.) (Bruce Howe Hendricks, J.) 4:14-cv-03615; D.S.C. Holding: Even though defendant’s written job description for a communications specialist did not list an ability to “navigate safely” as a job requirement, such an absence is not dispositive. Defendant’s former communications specialist, Ce[...]

Apr 18, 2016

Labor & Employment – Discrimination Claims – Race, Age & Disability – FMLA

Davis v. Medical University of South Carolina-Physicians (Lawyers Weekly No. 002-072-16, 24 pp.) (Mary Gordon Baker, USMJ) 2:14-cv-03152; D.S.C. Holding: Even if plaintiff has established a prima facie case of race and age discrimination, she has failed to show that defendant’s legitimate, nondiscriminatory reason for promoting a 32-year-old white woman – the candidate was considered […[...]

Apr 13, 2016

Labor & Employment – Race Discrimination Claim – Retaliation – Adverse Employment Actions – Falsified Mileage – MapQuest

Yon v. Regional Medical Center (Lawyers Weekly No. 002-071-16, 27 pp.) (J. Michelle Childs, J.) 5:14-cv-02098; D.S.C. Holding: Although plaintiff points out that (1) MapQuest’s own copyright information indicates that MapQuest should not be used for the purpose of accuracy and (2) the defendant-employer had no set policy on how to properly calculate mileage when […]

Apr 11, 2016

Labor & Employment – ADA Claim – Bipolar Disorder – Accommodation – Notice to Employer

Sanders v. Wal-Mart Supercenter of Aiken, SC (Lawyers Weekly No. 002-065-16, 23 pp.) (J. Michelle Childs, J.) 1:14-cv-03509; D.S.C. Holding: Assuming plaintiff’s bipolar disorder constitutes a disability within the meaning of the Americans with Disabilities Act, plaintiff never suggested the need for an accommodation for that mental disorder. Therefore, plaintiff has failed to make out […[...]

Mar 29, 2016

Labor & Employment – FMLA Claim – Voluntary Benefits – Race Discrimination Claim

Hightower v. Savannah River Remediation, LLC (Lawyers Weekly No. 002-064-16, 22 pp.) (J. Michelle Childs, J.) 1:13-cv-03558; D.S.C. Holding: Upon plaintiff’s return to work from back surgery, his employer denied him the benefit of its work-hardening program. Since this program is not mandated by the Family and Medical Leave Act and is instead a voluntary […]

Mar 29, 2016

Labor & Employment – Civil Rights – Sex Discrimination – Retaliation & Wrongful Termination – Assaults

Ellis v. Harrelson Nissan of South Carolina, LLC (Lawyers Weekly No. 002-063-16, 11 pp.) (Margaret Seymour, S.J.) 0:15-cv-03322; D.S.C. Holding: Even if the alleged assaults by plaintiff’s co-workers were not motivated by gender, plaintiff viewed the alleged assaults as part of a broader hostile work environment. Therefore, when plaintiff reported the assaults, she was engaging […]

Mar 28, 2016

Labor & Employment – Attorney’s Fee Motion – Grievance Committee – Arbitral Immunity

Durham School Services, L.P. v. General Drivers, Warehousemen & Helpers, Local Union No. 509 (Lawyers Weekly No. 002-062-16, 16 pp.) (David Norton, J.) 2:14-cv-01241; D.S.C. Holding: Even though this court found that the third-party defendant-grievance committee was entitled to arbitral immunity, the plaintiff-employer did not act in bad faith, and there was an arguable basis […]

Mar 28, 2016

Labor & Employment – FLSA – Payment of Wages Act – Restaurant Servers – Tip Credit Provision – Collective Action

Meller v. Wings Over Spartanburg, LLC (Lawyers Weekly No. 002-061-16, 15 pp.) (Patrick Michael Duffy, J.) 2:15-cv-02094; D.S.C. Holding: The defendant-restaurant paid the plaintiff-servers less than the minimum wage under the Fair Labor Standards Act’s Tip Credit provision and also required the plaintiff-servers to contribute part of their tips to tip pools to compensate employees […]

Mar 22, 2016

Labor & Employment – Civil Rights – Sex Discrimination Claim – Employer – Related Entities

Walters v. AutoZone Stores, Inc. (Lawyers Weekly No. 002-058-16, 10 pp.) (J. Michelle Childs, J.) 5:13-cv-02447; D.S.C. Holding: In its answer, defendant AutoZone Stores, Inc., denied that it was an employer within the meaning of Title VII; in its answers to interrogatories, AutoZone Stores, Inc., said that plaintiff was employed by AutoZoners, LLC, rather than […]

Mar 18, 2016

Labor & Employment – Disability Discrimination – ADAAA – Diabetic Episode

Kemp v. JHM Enterprises, Inc. (Lawyers Weekly No. 002-055-16, 15 pp.) (Timothy Cain, J.) 6:14-cv-02604; D.S.C. Holding: Plaintiff’s Type 1 diabetes requires him to take multiple daily injections of insulin, eat at regular intervals, and watch his diet. When he has low blood sugar, he sometimes has double vision, perspires profusely, becomes unsteady on his […]

Mar 18, 2016

Labor & Employment – Salary Continuation Plan – ERISA Preemption – Remand Motion

Shepherd v. Community First Bank (Lawyers Weekly No. 002-054-16, 7 pp.) (Mary Lewis, J.) 8:15-cv-04337; D.S.C. Holding: Where (1) the parties’ salary continuation agreement makes no reference whatsoever to 26 U.S.C. § 415 (which imposes contribution limits) or to its substantive provisions, (2) the agreement expressly says it “is entered into … to encourage the […]

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