“The Magistrate Judge found that Plaintiff’s Title VII discrimination claim is supported by direct evidence, based upon her conversation with Mr. Nowzaradan, wherein he stated she was not promoted to the development department due to his concern that she would be sexually harassed there. While Defendants offered evidence to rebut this conclusion, it is not
The employer’s decision not to rehire Plaintiff shortly after she complained about being paid as an independent contractor and not an employee establishes a causal connection between the decision not to rehire Plaintiff and her protected activity under the FLSA.
“While Plaintiff was employed by Defendants, she complained to her supervisors that she should be paid as an employee, rather than an independent contractor, because she was treated as an employee. (Id. ¶ 26.) Subsequently, Defendants offered to extend the contracts of every other coordinating producer besides Plaintiff who had worked on the fifth season
Inconsistent deposition testimony as to the reason Defendant did not rehire Plaintiff may be used to establish pretext.
“The Magistrate Judge found that Plaintiff successfully made a prima facie case, and that Defendants articulated a non-discriminatory reason for their failure to extend Plaintiff’s contract by stating she was unhappy producing Shipping Wars, shifting the burden back to Plaintiff. (Dkt. # 52 at 5.) The Magistrate Judge found that Plaintiff raised a genuine issue
An arbitration agreement that the employer can unilaterally modify or terminate without notice is illusory and unenforceable.
“There is no dispute here that Watch House’s Arbitration Plan satisfies the second prong of Lizalde by applying equally to claims made by both Watch House and Nelson. Rather, Nelson focuses our attention on the following language in the Plan:
This agreement may not be altered except by consent of the Company and shall be
An employer’s failure to keep hourly time records and require employees to clock in and out raises a fact issue for a jury on willfulness of the FLSA violation.
“Solano alleged that from September 30, 2010, to May 20, 2012, Ali Baba improperly paid him a biweekly “salary” that failed to comply with the FLSA’s overtime requirements. It is true that the DOL letter and report, upon which Solano relies, indicate that Ali Baba claimed that it did not know that its practices violated
A letter finding violations under the FLSA issued by the Department of Labor is admissible to support the plaintiff’s FLSA claims.
“The DOL letter, accompanied by the DOL report, bears the seal of the DOL and the signature of a DOL officer and is, therefore, self-authenticating. DOL investigative reports, although hearsay, are generally admissible hearsay, because they are public records under Federal Rule of Evidence 803(8). Public records are presumed admissible, unless the party opposing their
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.
“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