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 National Labor Relations Board (“NLRB”) filed a complaint against the Boeing Company in April based on Boeing’s decision to open a second assembly line to build its Dreamliner airplanes in a non union plant in South Carolina instead of expanding its current assembly line in a union plant in Washington State (see NLRB v. … 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
This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint. See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011). North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
Florida’s minimum wage has increased to $7.31 per hour. The direct wage for tipped employees increased to $4.29 per hour. The six-cent increase is the result of a successful lawsuit brought by a group of Florida workers against the government claiming that it miscalculated the state minimum wage under the state constitution. While 6 cents … Continue Reading
