“In her complaint, Plaintiff alleges that she engaged in a protected activity when she filed a charge with the EEOC, that she was terminated immediately, and that her filing of the charge caused her termination. Given the proximity of the termination to the charge, it is reasonable to infer at this stage of the litigation
Employee Rights
Allegation that bonuses were non-discretionary, but not included in the calculation of overtime is sufficient to certify a class.
By Colin W. Walsh on
Posted in FLSA violations
“At this stage, should Plaintiffs prevail on their argument that the bonuses were non discretionary and overtime wages were improperly calculated, this finding would be applicable to a class of all operators or riggers.”
Wilson v. Anderson Perforating, Ltd., 2013 WL 3356046 at *2 (W.D. Tex. July 3, 2013) (Rodriguez, J.).
Statements indicating spitefulness for reporting discrimination is evidence of pretext because it shows motive.
By Gregory A. Placzek on
Posted in Race Discrimination, Retaliation
“[Plaintiff] claims that the Disciplinary Warning was issued in retaliation for his reporting of Cooper’s racially hostile statements. [Defendant] asserts that the warning issued because Willis demonstrated a ‘lack of good judgment’ and a ‘lack of respect for others’ when he sent the mass email disclosing that his co-worker son overdosed on pills. But [Plaintiff]…
In a sex discrimination case, an employee’s burden to survive an employer’s motion to dismiss is by sufficiently pleading a Title VII based hostile work environment claim.
By Nicole M. Conger on
Posted in Hostile Work Environment
“[I]n the present matter, the Court finds that Stewart alleges facts sufficient to state a claim. Stewart alleges that Caton lifted her shirt and touched her breasts, installed cameras to look down her shirt, and made repeated comments of a sexual and/or derogatory nature.”
Stewart v. Caton, 2013 WL 4459981, at *7 (E.D. La. Aug.…
Statements made outside the statute of limitations concerning overtime pay are probative of conduct occurring within the limitations period.
By Colin W. Walsh on
Posted in FLSA violations
“Defendant appears to blur the distinction between incidents that may not be considered for purposes of establishing liability for damages, because they occurred outside the limitations period, and what nevertheless may be admissible and probative as background evidence to support a claim based on alleged conduct that falls within the limitations period.”
Arnett v. Sears, …
Where employer prevents reporting of overtime work or knows of unreported work, plaintiff does not have to use company’s time correction process before filing suit.
By Colin W. Walsh on
Posted in FLSA violations
“White clearly stands for the proposition that where an employer prevents its employee from reporting overtime or was otherwise on notice of the employee’s unreported work, an employee may recover damages under the FLSA, regardless of whether the employee exhausted any internal company grievance policy or time correction policy.”
Arnett v. Sears, Roebuck and Co…
Plaintiff’s testimony alone that he told his supervisor he was under-reporting his time creates fact issue as to whether employer was on notice that employee was not receiving proper overtime compensation in a FLSA claim.
By Colin W. Walsh on
Posted in FLSA violations
“[P]laintiff argues that one or two times in 2007, he told his former supervisor (Bob Perkins) hat he was not reporting all of his time and that Mr. Perkins understood and acknowledged he knew of the under-reporting.”
Arnett v. Sears, Roebuck and Co., 2013 WL 3324070 at *2 (W.D. Tex. July 1, 2013) (Rodriguez,
Employee’s allegations in her complaint that she worked for multiple related entities with combined more than fifteen employees is sufficient to defeat a motion to dismiss.
By JCOHEN on
Posted in Retaliation
“In conducting this analysis, the court confines itself to the complaint and does not consider the defendants’ affidavit attached to the motion. In her complaint, Henderson asserts she was employed as a customer service representative by all three defendants…. She alleges that defendant entities employed more than fifteen employees…. Taking these assertions s true and…
Threatening a witness to alter their version of the facts by implying their job is at risk is evidence of pretext in fabricating a reason to terminate the employee.
By JCOHEN on
Posted in Retaliation
“Plaintiffs noted that during his second interview, Rick Mills asked Walsh such questions as, ‘How much do you value your job? Do you value your job over your friendship with Jody?… These actions by Tower can be reasonably perceived as pressuring Walsh into altering the truth to secure its desire to find no supporting evidence…
An employee does not have to identify the specific instances of sexual harassment or retaliation in the charge of discrimination to exhaust administrative remedies.
By Carmen Artaza on
“Plaintiff provided notice to the TWC that Dr. Decherd was sexually harassing her and that she complained to her supervisor of the alleged conduct. Plaintiff was not required to specifically detail each and every instance of sexually harassing conduct allegedly engaged in by Dr. Decherd.”
Sanders v. Christus Santa Rosa PASC, 13-CV-250, 2014 WL…