Cassandra Morrow and Savannah Barron both worked under Mickey Mancini in the meat department of Kroger’s Hernando, Mississippi store. Both Morrow and Barron filed internal complaints against Mancini with Kroger in 2012. Kroger issued an official write-up and suspended Mancini without pay for eleven days but did not fire him because they could not corroborate Morrow and Barron’s claims. In 2013, both Morrow and Barron filed suit against Kroger and Mancini under Title VII.
Over the course a decade, Panagiota Heath alleges she suffered continual harassment from her supervisor Mostafa Elaasar. Both Heath and Mostafa worked in the math department at Southern University’s New Orleans campus. When Heath filed a charge with the EEOC in 2013, the Magistrate Judge hearing the case ruled in favor of the University because most of the harassing conduct occurred outside the statute of limitations for her Title VII claim and her 1983 claim.
As more and more employers seek to promote a healthier workplace and technology allows for more tracking of biometric data, employers find themselves charting new territory with the wealth of information provided on their employees.
The Eleventh Circuit Court of Appeals ruled in favor of a law firm’s professional liability insurer who refused to defend the firm against sanctions for using privileged information in violation of a protective order. The court found the policy did not cover claims seeking sanctions or the fees and costs associated with that defense.
The hottest story among lawyers recently involved a Florida attorney whose pants erupted into flames as he began his closing arguments in an arson case. Stephen Gutierrez claims a faulty battery in the e-cigarette in his pocket was to blame when his pants started to smoke and he rushed out of the Miami courtroom.
In March of 2009, William Fisher filed a complaint against his supervisor at Lufkin Industries, Inc. for racial harassment. In the following two months, Lufkin launched an investigation into claims Fisher was selling DVDs (some of them pornographic) out of his lunch box. He did not cooperate in the investigation and was eventually terminated on May 18, 2009.
A recent Mississippi case found the trustee of a family trust to have breached his fiduciary duty, even though he claimed the beneficiary authorized the withdrawals in question. In addition to the breach of fiduciary duty, the trustee was liable for loss or expense resulting from a lack of maintaining trust records. The Mississippi Court of Appeals affirmed the $144,865 verdict in the case.
When an employee at Bemis Company requested an accommodation to an 8-hour shift instead of a 12-hour shift because he had diabetes, the employer denied his request based on the fact the employee “was not substantially limited in any life activities as a result of his health condition”. The employee filed a lawsuit claiming disability discrimination while he continued to work for the company. In the course of the lawsuit, the employer agreed to a modified scheduled that included 8-hour shifts and some weekend work.
The Telephone Consumer Protection Act (TCPA) of 1991 protects consumers against an onslaught of pre-recorded advertising messages delivered to their phone or facsimile machines via automatic dialing systems. In 2003, the TCPA was extended to include voice calls and text messages to wireless numbers. In the recent case Van Patten v. Vertical Fitness Group, LLC, the U.S. Court of Appeals for the Ninth Circuit held violation of the TCPA “established a concrete injury sufficient to confer Article III standing”.
As fiduciary responsibilities increase under ERISA, employers often hire vendors to manage their employee benefit plans. Some of those vendors take on all or nearly all of the fiduciary liability for the administrative services they provide, others do not. Hiring these vendors may falsely lead an employer to believe they are no longer responsible for those plans. Employers must continue to monitor the performance of all third-party vendors regardless of the amount of liability they assume.
Whether an insurance company is subrogating damages related to a commercial claim or a residential claim, weighing the true value of the loss against the cost of recovery is becoming more and more important. Proof of damages often determines how much the insurer may recover, however providing that proof comes with a cost.
As workplace violence becomes more common, no community or industry is immune. One instance of employee violence can lead to multiple insurance claims, which can address economic loss but does little to stop incidents from happening. Employers, however, can take steps to reduce the chances of workplace violence.
As companies realize the full potential of the Defend Trade Secrets Act of 2016 (DTSA) passed by Congress last year, additional trade secret litigation is expected. While the DTSA does allow for federal court jurisdiction for any claim brought under the DTSA, it does not pre-empt any state laws. The DTSA does allow for a civil seizure order, injunctive relief, and damages.
In 2006, Silver Slipper Casino Venture contracted with Boggs Contracting Group to build a parking garage adjacent to a casino. In 2008, Full House purchased the casino and discovered Boggs failed to place rebar in the “pour strips” of the parking garage, leading to concerns about the structural soundness of the garage. Full House brought seven claims against Boggs related to the missing rebar. The claims, however, were barred because they were outside the statute of limitations.
Susan Vaughn filed claims against her employer Anderson Regional Medical Center for retaliation after she raised age-discrimination complaints. The court dismissed her claims for pain and suffering and punitive damages. The court based its decision on a 40-year old case that set a precedent barring recovery for such damages under the Age Discrimination in Employment Act (ADEA).
As employers begin the new year, it’s time again to update employment forms. This year brings changes to the I-9 Form from the Department of Homeland Security. Updates include an easy to use online form and printable instructions. Filling out the form online, however, isn’t enough to satisfy your record storing requirements.
The “Cat’s Paw” theory of liability continues to gain momentum within the court system. The theory originally applied to discrimination cases where a supervisory employee with “discriminatory motive” persuades an employer with no “discriminatory motive” to take adverse action against another employee.
Santiago Pineda worked for JTCH Apartments as an independent contractor. When he sued the company for unpaid overtime, the apartment complex owners evicted Pineda and his wife for failing to pay rent. Pineda had received a rent reduction as part of his compensation package and the company now sought reimbursement for that reduction. As a result, Pineda and his wife both filed retaliation claims under the Fair Labor Standards Act (FLSA).
Looking to lower your workers’ comp costs? Start by improving the experience of your employees going through the process. A new white paper by Researchers at Lockton Cos. L.L.C. found employees who mentioned the words “fear” and “afraid” during interviews had increased lost-time claim costs.
As drones become more popular, invasion-of-privacy claims against operators are expected to increase. General homeowners and CGL policies often exclude coverage for acts with intent. Since invasion-of-privacy claims rely on intent, most policies will not cover these claims.