Yesterday, the U.S. Supreme Court issued two opinons limiting an employee’s rights under Title VII. Title VII retaliation claims must be proved according to traditional principles of but-for causation, not the lessened causation test stated in §2000e–2(m). In University Of Texas Southwestern Medical Center v. Nassar, the Court held that in retaliation cases – as […]
Author: Michelle Nadeau
Attorney Ryan Barack Interviewed in Universal Health Care Case
On March 29, 2013, WFLA in Tampa ran a story on the shutdown and how it will affect the workers. Attorney Ryan Barack was interviewed. Watch the story and read the accompanying article here.
WARN Act Case Filed against Universal Health Care
This week, Universal Health Care in St. Petersburg, Florida laid off approximately 700 employees without notice. The Worker Adjustment and Retraining Act (WARN Act) requires that a company provide at least 60 days’ notice to employees who are part of a plant shutdown or a mass layoff, like this. A lawsuit has been filed against […]
Class Certified in Collective Action Seeking Pay for Student-Interns at Collier Anesthesia
On February 21, 2013, a federal court in Ft. Myers conditionally certified a class of student-interns from Wolford College in a collective action seeking pay under the Fair Labor Standards Act (“FLSA”) for work performed at Collier Anesthesia, P.A. The plaintiffs allege that they were in fact employees of Collier Anesthesia, but were provided no […]
Liquidated Damages No Longer Mandatory in FLSA Retaliation Cases
The Eleventh Circuit issued an opinion this week which could potentially have a profound effect on employees suing under the anti-retalitation provision of the Fair Labor Standards Act (FLSA). In Moore, et al v. Appliance Direct, Inc., et al, the Court faced the issue of whether an award of liquidated damages are mandatory under the […]
Yet Another Summary Judgment Reversal in the Eleventh Circuit
There is something interesting going on in the 11th Circuit lately. Summary judgments in employment cases are being reversed. Kragor v. Takeda Pharmaceuticals America, Inc. is the latest in a slew of reversals this year. In this case, the corporate executive who terminated the plaintiff for alleged misconduct later said that the plaintiff was an exceptional employee who […]
Employee Rights Group Releases A Critical Report on the Florida Commission on Human Relations
The Florida Chapter of the National Employment Lawyers Association, a group of lawyers dedicated to representing employees in employment matters, has released a report on the Florida Commission on Human Relations (FCHR) – and it is not a favorable one. The report addresses many concerns with the way the FCHR handles discrimination claims and makes […]
Employment Legislation of the Future
By now, we’ve all heard (at least 287 times) that the first bill President Obama signed into law in 2009 was the Lily Ledbetter Act. The Lily Ledbetter Act expanded the remedy for pay discrimination under the Civil Rights Act of 1964 to allow a new 180-statute of limitations to begin running with each unequal […]
Attorney’s Fees – Fee Shifting Statutes in Employment Litigation
In the US, most parties bear their own legal costs, which includes paying for their own attorneys. This is called the “American rule.” However, many employment statutes actually shift the responsibility to the employer when an employee wins. If you have a claim for: Minimum wage; Overtime; Discrimination; Equal pay; Whistleblowing; or FMLA Interference or […]
An Employer’s Duty Where There Is an Insufficient FMLA Medical Certification
In the last post, I mentioned that under the Family Medical Leave Act an employer has a duty to notify an employee that it requires medical certification and to provide an opportunity to cure any deficiencies. Let me elaborate. An employer may require medical certification of the serious health condition for which you are taking FMLA […]