More and more employers are relying on staffing agencies to fill certain jobs. But, many employers retain so much control that they remain the employers in all but name. So, if the client employer is the employer in fact, what would be the status of the staffing agency? The Fifth Circuit addresses that issue in
Fifth Circuit Reverses Summary Judgment
The Fifth Circuit issued an interesting decision reversing summary judgment. In Heinsohn v. Carabin and Shaw, No. 15-50300, 2016 WL 4011160 (5th Cir. 7/26/2017), the higher court found the employer did not have policies in place to support its claim that it fired a Legal Assistant for missing an appeal deadline and for allegedly
Plaintiff Changes Mind about Settlement
In many lawsuits, the two opposing parties eventually turn to mediation or talks about settlement. Not every case settles at mediation, but many do. Typically at mediation, if the parties reach a verbal agreement, they then reduce that verbal agreement to a very brief written agreement. The mediator will usually have on hand a generic,
Coach Briles Sues for Wrongful Termination
So, now Coach Art Briles has sued Baylor University for “wrongful termination.” See San Antonio Express News report. The saga of the Baylor University football team reached its apex a few weeks ago when the Pepper Hamilton law firm report was released. The report implicated Baylor University officials, including Coach Briles, in the half
Trump Seeks To Muzzle Military Leaders
One of the frightening things about Donald Trump is his tendency to shoot from the hip. He makes decisions, important policy decisions based on unfounded assumptions. One policy matter with which I am familiar is the military. Some months ago, he said a couple of times that he would insist that the military engage in
Overtime Rules Are Changed
So, fewer “managers” will be eligible for overtime. The Department of Labor raised the salary rate at which overtime would apply. I previously wrote about this change here. The salary level for certain low level managerial jobs is currently $23,660. If a low level manager is paid that amount or less, s/he would be
Unintended Consequences of Arbitration
One of the unintended consequences of arbitration is what to do when arbitration is invoked? Employment arbitrations typically start with an employment lawsuit. The employee often forgets s/he had even signed an arbitration agreement. So, the employee files the lawsuit, not anticipating a claim for arbitration. Then, the employer pulls out the arbitration agreement from
Iraqi Man Booted for Speaking Arabic
I am not surprised really. A young Iraqi man was booted from a Southwest Airlines flight after he spoke Arabic on his cell phone. He was talking to his uncle and describing an event earlier that week at which the head of the United Nations, Ban Ki-Moon, had appeared. In closing the phone call with
Arbitration Favors the Repeat Player
Arbitration in employment cases is still new. It is also private. So, researchers have not had access to arbitration decisions or awards. But, a statute passed in California requires the arbitrators to make public their decisions. One Cornell researcher obtained those public awards and found some remarkable trends. The largest provider of arbitration services is
Automatic Deletion of Video Recording is not Spoliation
We see a lot of discovery issues regarding electronic data, these days. For example, many employers use cameras inside the place of employment. What if those cameras record alleged conduct that leads to termination? The court in EEOC v. Chipotle Mexican Grill, 98 F.Supp.3d 198, 2015 US LEXIS 42187 (D. Mass. 3/30/2015) addressed such