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Apr 4, 2023

Union Pacific sued after firing rail worker on medical leave

A lawsuit says Union Pacific routinely hires private investigators to check out employees' medical leave claims and then fires anyone who happens to leave their house while they are off.

Aug 13, 2019

Employment Law: FMLA-Retaliation-Unlawful Termination

Plaintiff filed suit against defendants, her former employers, alleging they unlawfully terminated her in retaliation for plaintiff’s exercise of her rights under the FMLA and the Missouri Human Rights Act; plaintiff’s husband also asserted a loss of consortium claim. The district court granted summary judgment to defendants. Where plaintiff had a workplace outburst, it severed […]

May 28, 2019

Employment Law: FMLA-Termination

Where a surgical technician sued her former employer for allegedly interfering with her rights under the Family and Medical Leave Act, summary judgment for the defendant was proper because the plaintiff’s evidence did not undermine or raise a genuine issue of material fact regarding the defendant’s legitimate, non-discriminatory reasons for her termination. Judgment is affirmed. […]

Apr 15, 2019

Employment Law: FMLA-Minnesota Human Rights Act-Discrimination

  Plaintiff filed suit against defendant, her former employer, asserting violations of the Minnesota Human Rights Act and the FMLA. The district court granted summary judgment on all claims to defendant, finding that plaintiff was terminated for a remark of insubordination and failed to prove her termination was pretextual. Where plaintiff had previously engaged in […]

Jan 2, 2019

Employer-Employee: FMLA-Notice-Timeliness

Where an employee claimed that her employer interfered with her right to take leave under the Family Medical Leave Act, the judgment against her is affirmed because the district court did not err in finding that the notice given by the employee regarding the need for leave was untimely. Judgment is affirmed. Stringfield v. Cosentino’s […]

Sep 24, 2018

New DOL opinion letters offer employers guidance

After nearly a 10-year hiatus, the U.S. Department of Labor’s Wage and Hour Division recently issued three formal opinion letters, setting forth its views on various wage-and-hour issues addressed to the WHD by interested parties. Opinion letters represent official WHD policy and are provided to help employers, employees and other members of the public understand […]

Aug 4, 2016

Employer – Employee : FMLA – Attorney’s Fees – Legal Research Costs

Hernandez v. Bridgestone Americas Tire Operations (MLW No. 69516/Case No. 15-2042 – 16 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Jul 4, 2016

Employer – Employee : FMLA – Interference – Work From Home

Massey-Diez v. University of Iowa Community Medical Services, Inc. (MLW No. 69348/Case No. 15-2924 – 23 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

May 16, 2016

Employer – Employee : FMLA – Overtime Shifts – Attorney’s Fees

Hernandez v. Bridgestone Americas Tire Operations, LLC (MLW No. 69169/Case No. 15-2042 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Apr 4, 2016

Employer – Employee : Disability Discrimination – FMLA

Scruggs v. Pulaski County, Arkansas (MLW No. 68985/Case No. 15-1248 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Jan 6, 2016

Employer – Employee : FMLA – Monetary Loss

Hasenwinkel v. Mosaic (MLW No. 68628/Case No. 14-3786 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Sep 8, 2015

Employer – Employee : FMLA – Entitlement

Brown v. Diversified Distribution System (MLW No. 68282/Case No. 14-2685 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)

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