Allegations that an employer knew about the FLSA’s pay requirements and recklessly failed to investigate whether its wage practices complied with the FLSA are sufficient to state a claim that an employer’s violation of the FLSA was willful. August 2, 2016
Allegations that an employee worked an average of 70 hours per week over a nearly fourteen-month period are sufficient to state a claim for unpaid overtime wages under the FLSA. August 2, 2016
A severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights. August 2, 2016
Allegations that an employer’s billing practices violated a federal criminal statute prohibiting healthcare fraud are sufficient to state a claim under Sabine Pilot. August 2, 2016
An employee who can perform the essential functions of her job with the use of a cane is a qualified individual under the Americans with Disabilities Act. August 2, 2016
An employee is disabled under the Americans with Disabilities Act if she requires a cane to perform her job. August 2, 2016
A jury trial waiver is unenforceable if an employee has disproportionate bargaining power compared to his employer, has no opportunity to negotiate the provision, is not represented by counsel, and has no business experience, even though the waiver is bolded, in all-caps, underlined, and appears just above where the employee signed. August 2, 2016
Evidence that a plaintiff worked offsite and from home via telecommunication to the employer’s corporate office which has more than 50 employees raises a genuine dispute of material fact as to whether she is an eligible employee under the Family and Medical Leave Act. August 2, 2016
A hostile work environment claim is within the scope of an EEOC charge that alleges supervisors repeatedly and continuously made comments regarding an employee’s age, even though the Complaint adds additional facts and supervisors not included the EEOC charge. August 2, 2016
An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee. August 2, 2016