Tag Archives: retaliation

Eleventh Circuit Holds Liquidated Damages Discretionary for FLSA Retaliation

On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are discretionary, and not mandatory. Moore v Appliance Direct, Inc. is the first decision on this issue in the Eleventh Circuit, which also covers Georgia and … Continue Reading

Eleventh Circuit Rules on Breastfeeding Breaks Under the FLSA

On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading

Second Circuit Ruling on FMLA Eligibility Reminds Employers to Keep Accurate Time Records

In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine Family Medical Leave Act (“FMLA”) eligibility.  To be eligible for leave under the FMLA, an employee must work “at least 1,250 hours of service…during the … Continue Reading

Title VII Retaliation Does Not Cover Complaints About Investigatory Process

In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII.  Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading

Federal Appellate Court Holds That FMLA Protects A Pre-Eligibility Request for Post-Eligibility Leave

The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court.  The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading

Cutting of H-1B Employees’ Salary Costs Employer More Than a $1 Million

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

Court Says $2.5 Million Discrimination Case Should Have Never Gone to the Jury

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

Reminder: An Office Romance May Be the Root of Retaliation Claim

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