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Tag Archives: Labor

Prosecutors: Senor Tequila is no bueno (access required)

Margaritas? Check. Salsa? Check. Lying to federal officials? Check. The owner of Senor Tequila Restaurants in Charleston has pleaded guilty to making false statements to U.S. Labor Department officials in an alleged effort to hide the fact that he had ...

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Labor & Employment — Driver Fired for False Records, Not FMLA Leave (access required)

Laing v. Federal Express Corp. Because defendant FedEx had sufficient evidence that plaintiff had falsified delivery records to gain time, it could terminate her employment as a delivery driver even though she claims she was terminated in violation of the Family & Medical Leave Act when she was not returned to her prior employment after a knee injury; the 4th Circuit says plaintiff has not shown the false records issue was a pretext for her discipline.

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Labor & Employment — No ERISA Claim Against BOA Benefits Committee (access required)

David v. Alphin The 4th Circuit upholds dismissal of a putative class claim by participants in two BOA retirement plans, alleging defendant members of the Bank’s Corporate Benefits Committee breached their ERISA fiduciary duties by putting Bank-affiliated mutual funds in the Bank’s 401(k) investment menu; the district court did not err in dismissing claims related to the Pension Plan for lack of standing and in granting summary judgment to defendants on additional claims that were time-barred.

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What’s ahead for employers in wage and hour legislation (access required)

With an employer-employee relations agenda set by the new Congress, employers should know what to expect in the field of wage and hour laws. Wage and hour laws, and their accompanying regulations, already provide the basis for an ever-growing number of employment-related lawsuits. While the nature and number of the possible developments are practically unlimited, here is a list of some of the likely items on the horizon:

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