an update for the week of january 9, 2006
today's workplace: the employee rights blog
Heartbreaking Miners' Story Reminds Us Not All Workers are Safe: The tragic loss in a West Virginia coal mine of 12 miners last week reminds us that there still are workers in America who risk their lives on a daily basis to produce those things that we cannot live without. Although coal mines, and the workplace in general, are more safe today than in generations past, sacrificing one's life at work should not be part of anyone's job description. Accidents happen, employers tell us, but rarely is a workplace death an accident -- it is often the result of corners that were cut, rules that were ignored, and even laws that were broken.
this week in the courts
Sehie v. City of Aurora  (Seventh Circuit; No. 04-2308)
Decision Date: December 27, 2005
Judgment and award of compensatory damages for plaintiff on claims against her former employer arising from the Fair Labor Standards Act (FLSA) is affirmed since the time plaintiff spent attending and traveling to and from counseling sessions that defendant mandated are compensable under the FLSA.
Richardson v. Monitronics Int'l, Inc.  (Fifth Circuit; No. 05-10346)
Decision Date: December 22, 2005
A mixed-motive framework of analysis is applicable to Family and Medical Leave Act (FMLA) retaliation claims. Summary judgment for employer defendant in a FMLA action alleging retaliatory termination is affirmed where, although the "mixed-motive" framework of analysis for the claim applied, defendant proved plaintiff would have been fired irrespective of any retaliatory motive.
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