Recent Articles

Washington Court Denies Judgment to Car Company

Dylan Carp
March 05, 2012 04:19

            A federal court in the Eastern District of Washington recently permitted a disabled car rental agent discharged while on medical leave for foot surgery to proceed with her claims for failure to accommodate under Washington’s...

California Appellate Court Creates New Test for Sabbaticals

Dylan Carp
August 16, 2011 17:03

By Randall J. Hakes For the first time, a California appellate court has addressed when paid leave offered as a sabbatical is considered “paid vacation.” The distinction is important because, under California law, employers must pay separating employees accrued but unused vacation...

Court holds California employers not required to reimburse employees for voluntary telecommuting

Dylan Carp
August 09, 2011 15:14

By Julia M. Ebert A federal court has held that Cal. Labor Code section 2802 does not require employers to reimburse employees for internet and phone expenses when employees voluntarily telecommute. Novak v. The Boeing Company, Case No. 09-01011-CJC-(ANx) (C.D. Cal. July 20, 2011). In...

Oklahoma Court Holds Abercrombie Must Permit Employee To Wear Hijab

Dylan Carp
July 24, 2011 13:37

  By Heather Panick             A federal judge in Oklahoma held retailer Abercrombie & Fitch violated the law by refusing to hire a Muslim applicant solely because she wanted to wear a hijab while working. ...

Eight Circuit Holds Unprofessional Conduct Does Not Amount To Retaliation

Dylan Carp
June 22, 2011 23:05

By Lisa Baiocchi The U.S. Court of Appeals for the Eighth Circuit upheld summary judgment for Wal-Mart on a manager’s claim for retaliation, holding the arguably unprofessional conduct she allegedly received while working at the retailer did not amount to adverse action. Chestine Clay...

Eighth Circuit Holds Unprofessional Conduct Does Not Amount To Retaliation

Dylan Carp
June 22, 2011 23:05

By Lisa Baiocchi   The U.S. Court of Appeals for the Eighth Circuit upheld summary judgment for Wal-Mart on a manager’s claim for retaliation, holding the arguably unprofessional conduct she allegedly received while working at the retailer did not amount to adverse...

Court Applies Equitable Tolling to Disability Claim as Delay was Caused by EEOC's Inaction

Dylan Carp
June 22, 2011 21:48

By Heather Panick                 In Morris v. Lowe’s Home Ctrs. Inc., 2011 U.S. Dist. LEXIS 63008 (M.D. N.C. 2011), the United States District Court in North Carolina held that equitable tolling applies to...

Court holds conclusory allegations of retailer's wage and hour violations do not belong in federal court

Dylan Carp
April 28, 2011 13:36

  A federal court in Pennsylvania has held conclusory allegations that a retailer required a putative class of non-exempt store managers to work off the clock and failed to pay them overtime, in violation of the Fair Labor Standards Act (“FLSA”), are insufficient to state a claim...

Ninth Circuit Clarifies Successor Liability Under the FMLA

Mark Askanas
April 21, 2011 03:35

  As more mergers and acquisitions take place in  the retail industry, acquiring companies need to be mindful of whether they are successor employers for determining liability under the FMLA.  In Sullivan v. Dollar Tree Stores, 623 F.3d 770  (9th Cir. 2010), the Ninth...

DOL to Revisit Rules for Delivering Summary Plan Descriptions and Other ERISA Documents

Mark Askanas
April 08, 2011 18:22

The Department of Labor (DOL) announced it is reviewing the use of electronic media by employee benefit plans subject to ERISA to furnish information to participants and beneficiaries, following and in response to Executive Order 13563 issued by President Obama to address and improve...