In the Court’s opinion, the evidence cited above is sufficient to create a genuine dispute of material fact as to whether Plaintiff actually violated the advance notice policy, which only requires that an employee provide notice to her supervisor. The record contains evidence that Plaintiff’s immediate supervisors and the director of her department knew that
FMLA violations
An arbitration agreement that the employer can unilaterally modify or terminate without notice is illusory and unenforceable.
By Allison Reppond on
Posted in FMLA violations, Leave
“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.
By Allison Reppond on
Posted in FMLA violations, Leave
“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.
By Allison Reppond on
Posted in FMLA violations, Leave
“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 …
Being placed in an off-duty status without pay is an adverse employment action.
By Adam S. Greenfield on
Posted in FMLA violations, Leave
In May 2004, Plaintiff became a letter carrier with the USPS. Plaintiff alleges that Defendant retaliated against him after he filed numerous grievances and EEO complaints. He argues that his disciplinary actions began around the same time and are separated from his protected activity by only a two-month period. Because of this, Plaintiff contends that…
The statutory duty not to retaliate against employees for reporting violations of law does not directly relate to treatment that was or should have been performed for a patient therefore does not fall within the definition of an HCLC [Health Care Liability Claim].
By Adam S. Greenfield on
Posted in FMLA violations, Leave
This is an interlocutory appeal from an order denying Loyds of Dallas Enterprises, LLC’s motion to dismiss an alleged health care liability claim (HCLC) for failure to file an expert report. … Jennings alleges she was fired for reporting violations of the health and safety code consisting of failures by Loyds to make adequate medication…
In claims seeking lost wages and compensatory damages, documents showing Plaintiff’s earnings while working for any previous employers are not relevant.
By Eric P. Dama on
Posted in FMLA violations, Leave
Plaintiff’s earnings prior to her employment with Defendant are not relevant to this cause of action. Therefore, the temporal scope of the financial information relevant to Plaintiff’s case is limited to the time period during and after her employment with Defendant. Because Plaintiff was hired by Defendant in June of 2014, only Plaintiff’s earnings (and…
Employees who merely utilize materials of commerce in their job can satisfy the first prong of the Enterprise Test under the FLSA.
By Eric P. Dama on
Posted in FMLA violations
Plaintiffs allege that Rite–Way was an enterprise covered by the FLSA because (1) its employees handled materials such as “mops, brooms, towels, soap, chemicals, vacuum cleaners, and other cleaning materials, supplies, and equipment” that had moved in interstate commerce, and (2) its annual gross volume of sales exceeded $500,000.Therefore, as held persuasively by the Eleventh…
Evidence of temporary employees being brought on in Defendant’s position can create an issue of fact as to whether an employee was replaced by someone outside the protected class.
By Eric P. Dama on
Posted in FMLA violations
Plaintiff contends that she “was succeeded by one or more of three new male MEs and so was replaced by someone outside her protected class.” There is evidence that Defendant had “three temporary or agency MEs” but didn’t know if they were actually hired and was not sure of their race. Defendant argues that evidence…
In a same-sex sexual harassment case, touching a co-worker in a sexual manner on three separate occasions, asking “when are you going to give me some,” and statements by the harasser that they would rather be with someone of the same sex, as opposed to someone of the opposite sex, creates a genuine issue of fact for the jury.
By Kalandra N. Wheeler on
Posted in FMLA violations
These statements are clearly sexual in nature and are significantly less ambiguous than the “jealousy” remark that the court relied on in La Day. When the evidence is viewed in the light most favorable to Salinas, a reasonable jury could conclude that Castillo’s sexually charged comments and inappropriate touching of Salinas indicate legitimate sexual…