Officer’s Retaliation, Discrimination Claims Dismissed

In See v. Illinois Gaming Board, No. 19-2392 (March 21, 2022), the U.S. Court of the Appeals for the 7th Circuit upheld the lower court’s grant of summary judgment to the Illinois Gaming Board on a former law enforcement officer’s claims of First Amendment retaliation or disability discrimination. The gaming board had placed the officer on administrative leave after he showed signs of paranoia and other irrational Read More

A ‘Historic’ Moment: US Soccer to Pay Men and Women Equally

Following a year-long campaign for equal pay, the U.S. women's national soccer team (USWNT) has entered into new collective bargaining agreements under which all members will receive the same pay as members of the men's national soccer team (USMNT). The agreements went into effect June 2, 2022, and they will remain valid through 2028.  Aside from the gender pay equity provisions, the agreements provide that the Read More

7th Circuit Rules that Discouraging Employee from Taking Leave Can Violate FMLA Rights

A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that an individual may still have a cognizable civil rights lawsuit even if his employer merely discouraged him, rather than formally denied him, from taking leave under the Family and Medical Leave Act (FMLA). In its lengthy opinion, the court clarified that workers need only show that their employers interfered with their Read More

CA Federal Judge Refuses to Dismiss Amazon Employee’s Work-at-Home Expense Reimbursement Suit

A California federal district court judge denied Amazon's motion to dismiss a unique proposed class action lawsuit over reimbursement for an employee's work-at-home-related expenses. The judge did dismiss a claim based on the Unfair Competition Law, but the aggrieved employee may amend this claim.  David G. Williams, a senior software development engineer, filed his proposed class action and Private Attorneys Read More

DOL Releases Fact Sheet and FAQs on FMLA and Mental Health Conditions

The Department of Labor (DOL) has released Fact Sheet 280 and a series of Frequently Asked Questions (FAQs) on the Family and Medical Leave Act (FMLA) and mental health conditions.  Required Leave Under FMLA FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid leave during a 12-month period for the following: Care for the serious health conditions of a spouse, child under Read More

DOJ Argues Injunction Exempting Religious Employers from Trans Services Addresses Hypothetical Policy

The U.S. Department of Justice (DOJ) recently argued to overturn a federal district court’s injunction that exempts religious employers from required coverage of gender transition surgery. According to the DOJ, a recent North Dakota federal court ruling addressing a similar issue is not pertinent because it dealt with hypothetical enforcement actions rather than actual policy. The case is The Religious Sisters of Read More

Delaware Becomes Latest State to Pass Paid Family and Medical Leave Law

Delaware Gov. John Carney has signed the Healthy Delaware Families Act into law, creating a statewide family and medical leave insurance program. Under the new program, which goes into effect in January 2025, workers can access up to 12 weeks of paid parental or medical caregiving leave per year. Workers can take advantage of these benefits beginning in 2026.  Delaware is joining an increasing number of states Read More

Handling Undocumented Workers Who Participate in ERISA Plans

Undocumented workers are increasingly participating in and accruing benefits in ERISA plans, which presents challenges for employers. ERISA does not specifically exclude these employees from participation in ERISA-governed plans. Although the federal government has explicitly stated that other federal laws protect undocumented workers, it also has not stated that ERISA protects undocumented workers. Likewise, court Read More

Workers Claim Walmart Assigns Them to Shifts Without Notice to Fire them After Medical Leave

A former Walmart employee has filed suit in a Michigan federal district court claiming class-wide violations of the Family and Medical Leave Act (FMLA) and individual violations of the Americans with Disabilities Act (ADA). The employee claims that Walmart fired her and over one hundred other workers by scheduling them for shifts at the end of their medical leave but not informing them about the shifts, then using Read More

Mercedes-Benz USA Employee Drops OT Pay Violation Suit Stemming from Kronos Hack

A Mercedes-Benz USA LLP veteran employee has dismissed his proposed class action lawsuit against his employer without prejudice. James Click, who has worked for Mercedes-Benz since 1996, filed suit against the company for failing to pay workers overtime pay after its Kronos payroll system fell victim to a ransomware attack in December 2021. Click gave no indication why he was dismissing his claims in his notice of Read More