In this case, Crawford moved for summary judgment on December 16, 2015—less than two months after the case was initiated. The Court has yet to issue a scheduling order or conduct an initial case management conference. Additionally, the parties have not yet begun discovery—on the issue presented in the motion or any other. (“The [parties]…

Under these alleged facts, Wade has established a prima facie case for purposes of summary judgment. The Court disagrees with Home Depot that, under these alleged circumstances, Wade was required to apply through Career Depot. Although Home Depot did have a formal application process and Wade failed to follow that process, viewing the evidence in…

“[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…

“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,…

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…

“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…

In view of these expert opinions that Brown’s hearing impairment caused his unusual results, and given the fact that these results undisputedly resulted (one way or the other) in his termination, the Court finds sufficient evidence of a causal nexus between Brown’s disability and termination.

Brown v. Cooper Tire & Rubber Co., No. 1:13-cv-00176-SA-JMV, 2015…

While courts determine the validity of arbitration agreements, whether the contract forbids collective arbitration does not fall within the limited circumstances under which “courts assume that the parties intended courts, not arbitrators, to decide a particular arbitration-related matter,” because the question involves contract interpretation regarding the “kind of arbitration proceeding the parties agreed to.

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