an update for the week of october 30, 2006
today's workplace: the employee rights blog
Vote on November 7: As a nonprofit and nonpartisan organization, Workplace Fairness can't tell you how to vote (although we'd sure like to sometimes!) But we can tell you a few things that we hope you'll be keeping in mind next Tuesday, November 7. Although workplace issues, and domestic issues in general, have trouble rising to the forefront as candidates focus on Iraq and national security issues, and run ads smearing their opponents' records, it's important to keep in mind just how much job security, the economy and other workplace-related issues affect every single day of your life.
this week in the courts
Equal Employment Opportunity Comm'n v. Heartway Corp. ?(Tenth Circuit; No. 05-7011, 05-7016)
Decision Date: October 26, 2006
In an Americans with Disabilities Act (ADA) suit brought against a nursing home by a former employee who has hepatitis C and was fired from her job there, a partial grant and partial denial of the nursing home's motion for judgment as a matter of law is affirmed in part and reversed in part where the district court did not err in partially denying the nursing home's motion for judgment as a matter of law, but should not have granted the motion with regard to a punitive damages claim.
Miller v. Farmers Ins. Exch. ?(Ninth Circuit; No. 05-35080)
Decision Date: October 26, 2006
In an action brought by former and current claims adjusters alleging that their employer improperly classified them as exempt from the Fair Labor Standard Act's (FLSA) overtime requirement, the court of appeals holds that all of the adjusters in the matter are exempt, contrary to the district court's finding that only some were.
Decision Date: October 24, 2006
In a suit under federal law antiretaliation provisions challenging a separation agreement offered by defendant to discharged employees, summary judgment for the Equal Employment Opportunity Commission is reversed where the district court erred in holding that the separation agreement constituted facial retaliation under the antiretaliation statutory provisions to the extent that it conditions severance pay on a promise not to file a charge with the EEOC, and the EEOC did not show a prima facie case of retaliation.
The Good, the Bad, and Wal-Mart
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Wal-Mart: Bad for Workers, Bad for America
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? 2006 Workplace Fairness