Free Newsletter
Inmate’s retaliation suit can move forward
An incarcerated South Carolina man who alleges that a prison guard put him in isolation for 110 days in retaliation after he accused her colleague of assaulting him can move ahead with a lawsuit against the guard after the 4th U.S. Circuit Court of Appeals ruled that a trial court had wrongly dismissed the […]
Labor & Employment – Race and Sex Discrimination Claims – Failure to Promote – Retaliation Claim
Coleman v. Schneider Electric USA, Inc. (Lawyers Weekly No. 002-031-18, 19 pp.) (Henry Herlong Jr., S.J.) 8:15-cv-02466; D.S.C. Holding: Company records said the requisition for a position was cancelled because of an “internal promotion to strategize and reduce base costs.” In fact, someone of the same level took over the position’s responsibilities, at first temporarily, […]
Labor & Employment – Sexual Harassment Claim – Report & Investigation – Retaliation – No Causation Evidence
Ray v. International Paper Co. (Lawyers Weekly No. 002-160-17, 17 pp.) (Timothy Cain, J.) 7:15-cv-05009; D.S.C. Holding: Although defendant did not raise the issue, the magistrate judge rightly noted that plaintiff’s evidence indicated that her overtime hours were eliminated, not because she was being sexually harassed, but in retaliation for her reporting of such harassment. […]
Labor & Employment – Hostile Environment Claim – Rude Comments – Retaliation – Harassment Complaints
Acosta v. Hilton Grand Vacations Co. (Lawyers Weekly No. 002-111-17, 23 pp.) (R. Bryan Harwell, J.) 4:15-cv-00495; D.S.C. Holding: Even though a manager made several rude commends to plaintiff, plaintiff has not shown that his conduct was sufficiently severe or pervasive to alter the conditions of her employment. Moreover, since plaintiff has not shown that […]
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 […]
Tort/Negligence – Labor & Employment – Termination – Retaliation – Misconduct in Office
McLendon v. Horry County Police Department (Lawyers Weekly No. 002-067-16, 19 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03403; D.S.C. Holding: While on duty as a police officer, plaintiff was arrested for criminal domestic violence and misconduct in office after an incident with his estranged wife. Plaintiff has failed to show that his subsequent termination was tortious […]
Labor and Employment — Court Nixes ‘Manager Rule’ in Title VII Cases
DeMasters v. Carilion Clinic (Lawyers Weekly No. 001-147-15, 32 pp.) (Krause, J.) No. 13-2278, Aug. 10, 2015; USDC at Roanoke, Va. (Urbanski, J.) 4th Cir. Holding: The 4th Circuit reverses summary judgment for defendant hospital and revives a Title VII retaliation claim filed by an Employee Assistance Program counselor who assisted a fellow employee in […]
Labor & Employment — McDonnell Douglas Retaliation Test Unchanged
Foster v. University of Maryland-Eastern Shore (Lawyers Weekly No. 001-092-15, 29 pp.) (Floyd, J.) No. 14-1073, May 21, 2015; USDC at Baltimore, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit reverses summary judgment for a university that terminated a campus police officer after she complained about sexual harassment by a male officer; the U.S. […]
Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations
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.
FLSA retaliation ruling could impact other cases
The U.S. Supreme Court's recent ruling that oral complaints about workplace conditions made to a company supervisor are covered by the anti-retaliation provision of the Fair Labor Standards Act has employment lawyers taking notice. The decision in Kasten v. Saint-Gobain Performance Plastics Corp. not only clarifies the protections against retaliation in the FSLA, it could also apply to other statu[...]
Labor & Employment – FLSA – ‘Employer’ – Overtime Pay – Wrongful Termination – Retaliation
Baxley v. SB Mulch, Inc. Even though defendants claim plaintiff worked for a corporation not named in this lawsuit, plaintiff alleges that he worked for the individual defendants, who own the corporate defendants, that he . . .
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
