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.
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 […]
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. […]
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 […]
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 […]
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 […]
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)
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.)
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.)
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.)
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.)
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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