Defendant contended that “the facts of this case are “unsuited for resolution via the FLSA’s collective action mechanism” because of the differences in the individual work and pay histories as well as the fact that each class member must show that Dauterive managers had actual or constructive knowledge that overtime qualifying work was being performed
Employee Rights
In a failure to hire case, three advanced degrees; four administrative and teaching certifications; thirty-eight years of educational experience overall; twenty years of experience within the school district; and experience directly pertinent to the position in comparison to other applicants is directly probative of pretext.
By Kalandra N. Wheeler on
Posted in Failure to hire, Pretext
“A reasonable jury could consider the strength of [Plaintiff’s] qualifications vis-à-vis the successful younger applicants as undermining the credibility of [Defendant’s] proffered hiring rationale—i.e., that the younger successful applicants were selected because they were all better qualified than her. Indeed, evidence of a plaintiff’s superior qualifications is directly probative of pretext, Patterson, 491 U.S.…
Plaintiff’s stronger qualifications can by itself create pretext in a failure to hire case. No “clearly better qualified” analysis required
By Kalandra N. Wheeler on
Posted in Failure to hire, Pretext
“A reasonable jury could consider the strength of [Plaintiff’s] qualifications vis-à-vis the successful younger applicants as undermining the credibility of [Defendant’s] proffered hiring rationale—i.e., that the younger successful applicants were selected because they were all better qualified than her. Indeed, evidence of a plaintiff’s superior qualifications is directly probative of pretext, Patterson, 491 U.S.…
Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.
By Colin W. Walsh on
As discussed above, Hauss allegedly misrepresented the erratic test results—which Dr. McKinnon and Audiologist Sanders attribute to Brown’s hearing disability—to the decisionmaker Goodson, thereby creating a factual issue as to whether Hauss exhibited disability-based animus. In turn, Goodson conducted a subsequent investigation into Brown’s conduct, including, among other things, consultation with Hauss. Goodson testified…
An employer that works in several cities and countries and is in the shipping industry is an enterprise engaged in commerce under the FLSA.
By Eric P. Dama on
Posted in FLSA violations
“‘Commerce’ means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.’ Plaintiff’s complaint alleges that Defendant itself has offices in four states and five countries. In addition, PetroMar’s business involves shipping in the oil and maritime industry, and its employees were sent to work on…
Alleging that an employee regularly worked over forty hours per workweek and was not paid time-and-a-half is sufficient to give rise to a plausible claim for relief under the FLSA.
By Eric P. Dama on
Posted in FLSA violations
“Defendant suggests that Plaintiff’s complaint fails because he does not allege the total amount of unpaid wages that he deserves. An FLSA plaintiff is not, however, required to plead the precise amount of unpaid wages to which he is allegedly entitled.”
Murphy v. Multi-Shot, LLC, 2014 WL 4471538, at *2 (S.D. Tex. Sep. 10,…
To prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working environment.
By Eric P. Dama on
Posted in Hostile Work Environment
“Plaintiff contends that DHS, through its discrimination and harassment, constructively discharged him. Plaintiff resigned in September 2008. Given that it has determined that a genuine dispute of material fact exists as to Plaintiff’s hostile work environment claim, and in light of other conduct by Defendant’s employees, the court concludes that a genuine dispute of material…
regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.
By Eric P. Dama on
Posted in Hostile Work Environment
“In the interrogatories, Plaintiff states that Wood called him a “wetback”on five different occasions: (1) April 21, 2008; (2) May 29, 2008; (3) June 21, 2008; (4) July 10, 2008; and (5) August 8, 2008. Wood also told Plaintiff that “Salvadorans are liars” on July 8, 2008. Given the number of times these racial comments…
Four references to an employee’s protected activity during a much longer meeting where multiple subjects were discussed is sufficient to create a fact issue as to causation.
By Colin W. Walsh on
Posted in Retaliation
“While it is true that these statements are few in number, and that much of the meeting was spent discussing other subjects, their number does not strip the statements of their status as evidence. After a court draws the negative inference that Sheriff Cutler was negatively referencing Haverda’s letter to the editor, the amount of…
To establish the third element of a prima facie case for retaliation under Title VII, a plaintiff must ultimately present evidence that there is a causal link between the protected activity and the adverse employment action.
By Eric P. Dama on
Posted in Retaliation
“A review of her pleadings reflects that [Employee] has alleged that she has worked for [Employer] since 1988, she encountered no problems in the workplace until she was listed as a witness in [Co-worker]’s complaint in July 2008, and, shortly after being listed as a witness in the legal action [Co-worker] filed in state court…