Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages
“Plaintiff alleges that the workers are ‘hourly employees’ who ‘supply no materials or tools of their own’ and ‘are directly supervised, directed and controlled by [Owner] and [Supervisor]. These allegations, taken as true, are sufficient to overcome the instant motion to dismiss.”
Stewart v. Caton, 2013 WL 4459981, at *9 (E.D. La. Aug. 13, 2013)…
“In determining if conduct is ‘severe and/or pervasive,’ the Court should consider the totality of the circumstances, ‘including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance.” Stewart v. Caton, Civ. No. 13-823, 2013…
“The evidence shows that the [P]laintiff submitted a DOTD grievance form on May 24, 2011 regarding alleged improper conduct by [Supervisor] and then provided testimony to the EEOC on July 7, 2011 in connection with complaints filed by two subordinate employees…. Additionally, the evidence indicates that DOTD transferred the [P]laintiff to the Baton Rouge office…
“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…
“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.).
“[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]…
“[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.…
“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, …
“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…
“[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,
