Searching Content indexed under Employment Litigation/ Tribunals by Nicole Eichberger ordered by Published Date Descending.
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Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits
and Seventh Circuits in holding that "employees" under the FLSA may recover emotional distress damages in FLSA retaliation actions
United States
21 Dec 2016
Eleventh Circuit Holds The ADA Does Not Mandate Reassignment Without Competition Or Preferential Treatment
In EEOC v. St. Joseph's Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA "only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position" as a reasonable accommodation, ..
United States
20 Dec 2016
Fifth Circuit Instructs That, When Raised, Arbitrability Is A Gateway Issue That Must Be Considered Prior To Conditional Certification In FLSA Collective Actions
The Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of the litigation.
United States
17 Oct 2016
Fifth Circuit Decision Reinforces The Importance Of Clearly Communicating Anti-Harassment Policies
Pullen never reported Graham's behavior to any other School Board employee.
United States
27 Jul 2016
Fifth Circuit Addresses FLSA Tip Credits Once Again
The Fifth Circuit has had tipping on its mind, as the decision of Steele v. Leasing Enterprises, Ltd., represents its second opinion within ten months addressing this pay practice.
United States
1 Jul 2016
Fifth Circuit Tips Its Hand As To Analysis of FLSA's Tip Credit
In Montano, the issue presented to the Fifth Circuit was whether a restaurant's "coffeeman" was properly included in a tip pool with waiters, bartenders and busboys.
United States
11 Sep 2015
Fifth Circuit Refuses Application Of Bright-Line Test In FLSA Seaman Exemption Dispute
On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA’s seaman exemption.
United States
21 Nov 2014
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