An arbitrator recently awarded $4.1 billion in favor of the former chief marketing officer of iFreedom Communications Inc., finding that iFreedom breached his employment contract by firing him without cause. You read that right: $4.1 billion, with a "b." U.S. Dollars, not Zimbabwean. Don’t believe us? You can read the opinion yourself: Chester v. iFreedom
Another Day, Another E-Verify Delay
It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30. Actually, it was a couple days ago. Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify
Starbucks Obtains Reversal of $105 Million “Tip Sharing” Case
Just over a year ago, we reported about a $105 million California verdict in favor of Starbucks baristas who were required to pool their tips with supervisors. As you might expect, Starbucks appealed that decision. Yesterday, a California Court reversed the decision. Click here to read the decision in Chau v. Starbucks.
The 4th
Exotic Dancers Are Employees, Not Independent Contractors
Every now and then we need a reminder to illustrate the dangers of misclassifying employees as "independent contractors." Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors. Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino.
In Playground, the
No Discrimination in Firing Employee Who Used Spit to Remove Expiration Dates
Another slow news day, another fun case: the Texas Court of Appeals affirmed summary judgment in favor of Frito Lay, Inc. and against a former route sales representative who was fired for using his saliva to remove the "best before" dates from expired products. Click here to read the decision in Cantu v. Frito Lay,
Supreme Court Clears Pension Plan That Differentiated Pregnancy Leave Prior to the PDA
Today the U.S. Supreme Court held that an employer does not violate the Pregnancy Discrimination Act (PDA) if it pays pension benefits based in part on pre-PDA calculations that gave employees less retirement credit for pregnancy leave than for other types of medical leave. Click here to read the Court’s decision in AT&T Corp. v. Hulteen
Supreme Court Upholds Idaho Law on Union Speech 6-3
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The U.S. Supreme Court ruled earlier this week that an Idaho law banning local government employers from allowing payroll deductions for political activities does not violate unions’ First Amendment free speech rights. You can download the opinion here: Ysursa v. Pocatello Ed. Ass’n, U.S., No. 07-869, 2/24/09).
The Idaho Voluntary Contributions Act, enacted in
Supreme Court Broadens Scope of Title VII’s Anti-Retaliation Protections
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The U.S. Supreme Court issued an important decision yesterday, clarifying that employees who report discrimination in response to an employer’s internal investigation are protected by the anti-retaliation provisions of Title VII. Click here to download the case: Crawford v. Metropolitan Government of Nashville.
In Crawford, the plaintiff was interviewed as part of her employer’s investigation
Tenth Circuit Affirms Dismissal of WARN Act Case
We don’t need to tell you there’s a recession going on, and that a recession means layoffs. But we will remind you that layoffs may implicate the Worker Adjustment and Retraining Notification (WARN) Act – the federal law that requires employers to give 60 days’ notice of certain mass layoffs and plant shutdowns.
Sometimes giving
Supreme Court to Hear Mixed-Motive Age Discrimination Case
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Last week, the United States Supreme Court agreed to review Gross v. FBL Financial Services, Inc., a case involving whether a plaintiff alleging a claim under the Age Discrimination in Employment Act must present "direct evidence" of discrimination to be entitled to a mixed-motive jury instruction.
A mixed-motive case in one where the evidence shows