“[A] repeated pattern of behavior consisting of sexual comments, humiliating jokes, insults, ridicule, and intimidation. Clark claimed she was subjected to continuous repeated sexual jokes and obscene language, most of which were directed at her” and although “it could be argued that most of the acts complained of by Clark were not objectively severe,3 the
December 2015
A jury could find that the employer’s decision to terminate an employee after the employee’s refusal to write down bible verses on a daily company wide email establishes a failure to accommodate on religious grounds.
By Jairo N. Castellanos on
Posted in FMLA violations
“A reasonable juror could find that Defendant failed to accommodate Plaintiff’s request because Plaintiff was terminated thirty-two (32) hours after his refusal to include Bible quotes in the Morning Coffee[name of daily email].” Mindrup v. Goodman Networks, Inc., No. 4:14-CV-157, 2015 WL 5996362, at *8 (E.D. Tex. Oct. 14, 2015). Based upon this finding,…
Allowing employee to pay reduced rent for housing increases the employee’s regular rate of pay for computing overtime.
By Colin W. Walsh on
Posted in FMLA violations
Thus, in certain situations, an employee’s wages may include “the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities.” 29 U.S.C. § 203(m). However, such reasonable cost of lodging can only be computed when determining the employee’s regular rate of pay, such as when…
A five-year employment contract with a government entity that promises a severance of the remaining wages owed if the contract is terminated by the entity for any reason other than death or disability is enforceable where the employee has performed his obligations under the contract.
By Allison Reppond on
Posted in FMLA violations
“The employment contract does not constitute a gratuitous payment of public funds to Morales. The contract clearly serves a legitimate public purpose—the employment of the District’s general manager. The benefit received in return by the District under the contract is the performance by Morales of the duties of general manager. The ‘severance’ required for early…