On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee. As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading
As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading
Has the Eleventh Circuit Court Appeals provided employers with a means to resolve a Fair Labor Standards Act (FLSA) lawsuit quickly and avoid paying attorneys’ fees or has the plaintiffs bar already revised its litigation strategy? The federal appeals court with jurisdiction over Florida, Georgia, and Alabama recently denied attorneys’ fees to a plaintiff suing … Continue Reading
A recent decision from a federal court in Tennessee affirmed an administrative decision awarding more than $1 million in back pay to H-1B physician employees of several clinics owned by Mohan Kutty. The decision is Kutty v. Department of Labor. Kutty is a physician who operated clinics in Tennessee and Florida. He hired several foreign … Continue Reading
The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. Before discussing the case, we provide a quick refresher on EPPA. Generally, the … Continue Reading
The U.S. Supreme Court ended its term this week. As the Justices start their three-month vacation, employers should reflect on two important decisions from the Court’s last term dealing with class actions. What are the takeaways? (1) One-size-fits-all class actions for discrimination cases won’t cut it. This year’s blockbuster case, Dukes v. Wal-Mart, was … Continue Reading
A Florida appellate court (Alexis v. Ventura, Fla. 3d DCA June 29, 2011) has revived an employee’s tortious interference against her former supervisor. Ketlyne Alexis originally sued her former employer, Arbor E & T, for harassment and discrimination. Alexis then added Lilliam Ventura, her immediate supervisor, as a defendant to a tortious interference claim in … Continue Reading
Florida’s Third District Court of Appeal recently reversed a hefty jury verdict in favor of the employee and directed the trial court to enter final judgment in favor of Florida International University (“FIU “). See St. Louis v. FIU, Third District Court of Appeal, No. 3D08-2316, March 30, 2011. The case was a big win for … Continue Reading
