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Fourth Circuit Holds Gang Members = Employees

In United States v. Weaver, 2011 U.S. LEXIS 21485 (4th Cir. Oct. 24 2011), the Fourth Circuit held that the Federal law prohibiting a person “employed for” a convicted felon from carrying a firearm applies to gang members.  Floyd Moore was the national vice president of the Pagans Motorcycle Club (PMC) and a convicted felon.  […]

Supreme Court to Decide If Civil Service Reform Act Is Exclusive Remedy for Federal Employees’ Constitutional Claims

On October 17, 2011, the United States Supreme Court granted certiorari to decide whether the Civil Service Reform Act (“CSRA”) is the exclusive remedy for a former federal employee contending that his constitutionally rights were violated.  (Elgin v. Dep’t of the Treasury, U.S., No. 11-45, cert. granted 10/17/11).  Four former federal employees, who were employed […]

Maryland Court of Appeals Continues to Limit Wrongful Discharge Cases

The common law doctrine of “employment at will” permits either an employer or employee to terminate the employment relationship at any time or for any reason.   Maryland courts are reluctant to diminish employers’ decision-making discretion, but the a tort claim of “wrongful discharge” has been recognized in limited circumstances.  The seminal case in Maryland is […]

We Need “Young Creative People” Not Proof of Age Discrimination

A federal court in New York has found that pro-youth remarks are not enough to establish that an older worker was the victim of age discrimination.   Mickelsen v. Bertelsmann Inc., No. 08-cv-10138 (S.D.N.Y., September 19, 2011). Apparently, someone had commented that startup companies did well because they are “full of young creative people who are […]

Employees Allowed To Work For Former Client But Not Allowed To Compete

Courts are reluctant to enforce non-competition agreements because they are restraints on trade and one’s ability to earn a living.  To be enforceable, a non-competition or non-solicitation agreement must be reasonable in geographic scope, time, and reasonably tailored to protect the employer’s legitimate business interests.  A federal court in Nevada recently ruled that Accelerated Care […]

Restaurants Pay For Misclassifying Kitchen Workers As Exempt

In two cases recently instituted by the U.S. Department of Labor (DOL), two restaurants in Jacksonville, Florida agreed on August 5, 2011, to pay more than $930,000 in back pay and liquidated damages to 30 employees for violations of the FLSA.  The DOL’s investigation revealed that the restaurants failed to pay overtime wages as a […]

Burlington Definition of Retaliation Appropriate Under the FMLA

The Second Circuit has joined five other Circuits in holding that the correct definition of a “materially adverse employment action” in FMLA retaliation cases is the one used by Supreme Court in its 2006 decision in Burlington Northern & Santa Fe Railway Co. v. White.  The Burlington definition includes employer actions that are likely to […]

Undocumented Workers Not Eligible for Back Pay Under NLRA

In Mezonos Maven Bakery Inc., 357 N.L.R.B. No 47 (Aug. 9, 2011), a unanimous three-member panel held that the National Labor Relations Act and Supreme Court precedent in Hoffman Plastic Compounds Inc. v. NLRB, 535 U.S. 137 (2002) “forecloses us from awarding back pay to undocumented workers” even where the employer was violating the Immigration […]