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Tag Archives: Labor & Employment

Insurance – Commercial – Schools & School Boards – Labor & Employment – Unpaid Overtime (access required)

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.

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Attorneys – Fees – S.C. Statute – Frivolous Lawsuits – Arbitration – Securities – Labor & Employment (access required)

Wachovia Securities LLC v. Brand A securities firm that lost its FINRA arbitration proceeding against former employees who left to work for a competitor winds up paying over $1 million in attorney’s fees under a South Carolina statute that penalizes frivolous lawsuits; the 4th Circuit affirms the district court order refusing to vacate the arbitration award in favor of the former employees and upholding the award of $15,080 in treble damages and $1.1 million in attorney’s fees under the South Carolina Frivolous Civil Proceedings Act.

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Labor & Employment – Disability Discrimination Claim – Overtime Work Ban (access required)

Boitnott v. Corning Inc. An employee who formerly worked rotating 12-hour day and night shifts but who later was restricted from working more than 40 hours per week has not shown a “substantial” limitation that would support a claim under the Americans with Disabilities Act; the 4th Circuit joins its sister circuit courts to hold that an employee who can work a 40-hour work week but no overtime, is not disabled under the ADA.

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Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations (access required)

Minor v. Bostwick Laboratories Inc. A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity, and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints.

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Labor & Employment – Civil Rights – Sexual Harassment Claim – Attorney’s Fee Denied (access required)

EEOC v. Great Steaks Inc. Although an employer won a judgment on a jury verdict in this Title VII sexual harassment suit alleging complaints by a waitress, the district court did not err in denying the employer’s motion for attorney’s fees; the EEOC’s case survived dispositive motions, and the 4th Circuit upholds the district court finding that the EEOC’s position was not frivolous, unreasonable or without foundation.

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Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal (access required)

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

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Labor & Employment – Discrimination – ADA – Partial Waiver of Immunity (access required)

Lee-Thomas v. Prince George’s County Public Schools A school board employee in Maryland can sue the board under the Americans with Disabilities Act for an alleged failure to accommodate her hearing disability, as the state has waived its 11th Amendment immunity for claims of $100,000 or less; the 4th Circuit upholds the district court decision allowing the claim to go forward.

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Labor & Employment – Insurance – Long-Term Disability – Benefit Amount — Physician (access required)

Fortier v. Principal Life. Ins. Co. A physician who closed his practice when he became medically disabled cannot collect the maximum monthly disability payment he says he is owed under the practice’s long term disability policy, as the plan administrator was entitled to interpret plan language to allow deduction of the physician’s medical-practice start-up costs from his income to determine that the monthly disability payment could not exceed the physician’s monthly predisability earnings...

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