Worker’s compensation protects employees who suffer on-the-job injuries. The worker’s compensation scheme was devised back in the 1920’s and 1930’s as a way to prevent lawsuits against employers. The intent was to provide some modest level of compensation for workers who get injured. In return, employees would give up the right to file personal injury
retaliation
EEOC Files Suit Against Construction Firm
The EEOC has filed suit against an oil rig construction company doing business in Texas and Mississippi. The EEOC filed suit against Signal International LLC in Gulfport, Mississippi on behalf of indian workers recruited for US work on an H-2B visa. The workers were recruited to come here
to work as welders and pipefitters in…
FLSA Protects Employees Who Complain Verbally About Wages
In a recent decision, the US Supreme Court ruled that the Fair Labor Standards Act does indeed provide protection for employees who complain or ask about wages orally. The federal courts have disagreed on this issue for decades. They all agreed that the FLSA protected employees who complained in writing about wages. But, several…
EEOC Would Not See Retaliation If It Was in Front of Its Face
An employee went to the EEOC. She was being sexually harassed in a pretty blatant manner by the owner of a small company somewhere in the USA. She meets with an investigator who tells her that she has no case, because she has no evidence. EEOC investigators should not give legal advice, but it happens…
ADA Retaliation Claimant not Entitled to Compensatory, Punitive damages
The Ninth Circuit joins the Seventh Circuit in finding that an employee suing for retaliation under the Americans with Disabilities Act is not entitled to compensatory damages or punitive damages. Alvarado v. Cajun Operating Co., No. 08-15549 (9th Cir. 12/11/09). The court also ruled that a jury is not available. See brief discussion…