201202.01
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A company’s “squeaky wheel” triumphs: (new!) protection from retaliation under the Fair Labor Standards Act

Minor v. Bostwick Laboratories, Inc., No. 10-1258 (4th Cir. Jan. 27, 2012), available at http://pacer.ca4.uscourts.gov/opinion.pdf/101258.P.pdf. Ms. Minor began working at Bostwick Laboratories, Inc. (here, “Bostwick”) as a medical technologist on December 24, 2007. On May 6, 2008, she and several colleagues met with Bostwick’s chief operating officer, Bill Miller, and told him that their supervisor…

201201.26
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If you’re a member of a protected class, you probably shouldn’t work for a religious institution.

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et al., ___ U.S.___ (2012). Hosanna-Tabor Evangelical Lutheran Church and School employs two types of teachers, which Hosanna designates as “called” teachers and “lay” teachers. A called teacher must complete training that includes theological study, and upon completion of his or her training is designated…

201106.15
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If you play hardball, you might get left in the dust.

Robert P. Bennett v. Sage Payment Solutions, Inc., 282 Va. 49; 710 S.E.2d 736, 2011 Va. LEXIS 135 (June 9, 2011). In this case, the Supreme Court of Virginia decided that an employer can use an employee’s repudiation of an employment agreement as a defense to a breach of contract claim. Robert Bennett became President…

201106.13
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If you make your employees take their clothes off, you have to pay them. Except at lunch.

Perez et al. v. Mountaire Farms, Inc., et al., No. 09-1917, 2011 4th Cir. LEXIS 11547 (June 7, 2011). Luisa Perez brought this collective action lawsuit on behalf of herself and others employed by Mountaire Farms, Inc. She brought this action under the Fair Labor Standards Act (“FLSA”) to recover lost wages and liquidated damages….

201105.17
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If you’re back from active duty, USERRA may be your best weapon.

by in USERRA

Baylor v. Comprehensive Pain Management Centers, Inc., et al. No. 7:09cv00472, 2011 U.S. Dist. LEXIS 37699 (W.D. Va. Apr. 6, 2011). Dr. George Baylor, a pain management physician, signed an employment agreement with Comprehensive Pain Management Centers, Inc. (“CPMC”) on April 4, 2004, and later extended his contract through December 31, 2005. In late November…

201103.23
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You should complain in writing. But if you don’t complain in writing, you should complain a lot.

Kevin Kasten v. Saint-Gobain Performance Plastics Corporation, 563 U.S. ___ (2011). Kevin Kasten is a former employee of the defendant, Saint-Gobain Performance Plastics Corporation (“Saint-Gobain”). While Kasten was working at Saint-Gobain, he was required to put on and remove his work-related protective gear when he was off the clock, a practice which is plainly contrary to the the…

201103.17
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Sometimes, if you want it done wrong, you have to do it yourself.

Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc., Civil Action No. 1:10cv959 (E.D.Va. January 28, 2011). Marie N. Ze-Ze worked as a clinical assistant at a clinic operated by Kaiser Permanente Mid-Atlantic States Regions, Inc. (“Kaiser”), from early 1989 through February 20, 2008. Ze-Ze is a native of Cameroon, Africa, and was infected with hepatitis…

201103.07
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You can’t hide behind a cat’s paw.

Staub v. Proctor Hospital, 559 U.S. ___ (2011). At issue in this U.S. Supreme Court case was the extent to which an employer may be held liable for employment discrimination when the discriminating employee influences, but does not make, the ultimate adverse employment decision. Vincent Staub worked at Proctor Hospital as an angiography technician. Staub was…