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Donning/Doffing Is Still Work in the Fourth Circuit

Back in June, I wrote about Mountaire Farms, Inc. v. Perez, 650 F.3d 350 (4th Cir. 2011).  In that case, the Fourth Circuit affirmed a district court ruling that held that time spent by chicken processing plant workers donning and doffing their protective gear was “work,” and therefore compensable, under the Fair Labor Standards Act.  […]

Lactation Discrimination? Texas Judge Says No

A federal judge in Texas recently ruled that a new mother does not have the right to pump breast milk at work.  (EEOC v. Houston Funding II, Ltd.; no. H-11-2422; S. D. Texas).  The facts in Houston Funding are straightforward.  The plaintiff gave birth to a baby girl in December 2008, after which she took […]

California Appeals Court Reverses Class Action

Discrimination and wage class actions that rely on statistics are getting harder and harder to maintain.  In the wake of the well-publicized Wal Mart Stores, Inc. v. Dukes case, decided by the Supreme Court last year, the California Court of Appeals recently overturned a $15 million judgment entered on behalf of a class of business […]

Oops – Teamster Found Liable to Members for Lost Wage Increases

A federal court in Chicago has found a Teamsters Union local liable for wage increases its members “would have received” had the local requested bargaining.  Under the collective bargaining agreement, either the union or the employer could have requested a wage reopener by giving written notice to the other.  The union, who did not track […]

Woman Offended by Gross Female Employee Can Sue for Harassment

A federal court in Kentucky will permit a female employee to proceed with her hostile environment sexual harassment claim based on gross, sexual conduct by another female coworker.  Bradford v. Dep’t of Community Based Services, No. 09-206 (E.D. Ky., February 2, 2012).  In the overwhelming majority of hostile environment cases, male employees are accused by […]

DOL Proposes Rulemaking on Servicemember FMLA and More

On January 31, 2012, the Department of Labor (DOL) released proposed changes to the agency’s Family and Medical Leave Act (FMLA) regulations, which were published in the Federal Register on February 15.  This Notice of Proposed Rulemaking (NPRM), a necessary precursor to any regulatory change, seeks comments from interested parties by April 16.  Comments may […]

Mood Disorder Or Misconduct?

In 2005, James Hazen was a partner in a New York law firm.  One of the perks of being a partner was a corporate credit card, which Hazen could use for personal reasons, so long as he paid for the charges.  In December 2005, the firm’s accounting department reported that Hazen failed to submit any […]