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The First Circuit affirmed the district court’s judgment in favor of Stephen Elliott on his suit against American Capital Energy, Inc. (ACE) and its two principals (collectively, Appellants) claiming breach of contract and violations of the Massachusetts Wage Act, holding that Ellicott’s compensation constituted “wages” under the Wage Act and that the statute of limitations for his Wage Act claim was properly tolled. Elliott filed suit against Appellants seeking compensation for unpaid sales commissions. The jury found all three Appellants liable under the Wage Act and ACE liable for breach of contract. The First Circuit affirmed, holding (1) the jury could reasonably conclude that Ellicott’s sales commissions constituted wages under the Wage Act; (2) tolling the statute of limitations so as to allow Ellicott’s Wage Act claims against one of the principals was justified; and (3) the district court did not abuse its discretion in granting Ellicott’s motions in limine excluding evidence about whether Elliott had agreed to split his sales commissions. View "Ellicott v. American Capital Energy, Inc." on Justia Law

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Plaintiff filed suit against her former employer, Pearson, alleging claims of Title VII sex discrimination and other claims, after she allegedly did not get the same chance to resign with severance pay that three male employees received. Plaintiff also claimed that Pearson lost a key email exchange. The Seventh Circuit affirmed the district court's overruling of plaintiff's objection about the emails and the district court's cure -- barring plaintiff from disputing her description of the emails but declining to grant further sanctions -- was sufficient. The court also affirmed the district court's grant of summary judgment on the severance-pay discrimination claim where the three proposed comparators were not similarly situated to plaintiff. The court held that there was no evidence of pretext and the misstatement of the standard of review was harmless because the court's review was de novo. View "Barbera v. Pearson Education, Inc." on Justia Law

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The employer sought review by the federal district court and obtained a judicial order vacating an award on the ground that the arbitrator improperly applied external law to contradict the terms of the collective bargaining agreement (CBA). The Seventh Circuit reversed the judgment of the district court and upheld the arbitrator's award, holding that the text of the CBA permitted the arbitrator to look to external law in interpreting the agreement. The court held that the language contained in the preamble of the CBA suspended any part of the CBA that either the company or union believed to conflict with state law. In this case, while the court would have preferred that the arbitrator cite to that language before applying the Concealed Carry Act to reinstate the employee, the extraordinarily deferential standard of review compelled the court to uphold the award. View "Ameren Illinois Co. v. International Brotherhood of Electrical Workers" on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that plaintiff's injuries were caused by defendant's negligence in driving a tractor trailer truck. The court held that the workers' compensation benefits plaintiff received were his exclusive remedy against defendant. In this case, defendant and plaintiff entered into an employment relationship in which Swift and Johnson were joint employers mutually liable under Iowa law to provide plaintiff workers' compensation benefits when he suffered a work-related injury, an obligation Swift has fully performed. View "Quiles v. Johnson" on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment for DCDC in an action alleging claims of gender, age, and disability discrimination under state and federal civil rights laws. Plaintiff, a 56 year old woman, worked as a correctional officer until she was injured in inmate altercations. After plaintiff worked the maximum allowable number of days of light duty pursuant to the terms of the Collective Bargaining Agreement (CBA), she was terminated when no other suitable position was found. The court held that plaintiff failed to establish a prima facie case of sex discrimination; plaintiff's prima facie evidence of bad faith supporting her claim of failure to accommodate/disability was rebutted by the incontrovertible evidence that plaintiff could not have been reasonably accommodated; and plaintiff's age discrimination claim failed because she did not produce evidence of a similarly situated younger person who was treated differently. View "Faulkner v. Douglas County" on Justia Law

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The Supreme Court affirmed the award of the Nebraska Workers’ Compensation Court, holding that none of Employee’s contentions on appeal warranted modification of the award. In his petition, Employee sought temporary total disability benefits, vocational rehabilitation, payment of past and future medical bills, and waiting-time penalties and attorney fees. The Supreme Court affirmed, holding that the Workers’ Compensation Court did not err by failing to (1) award permanent disability based on a loss of earning capacity rather than a member impairment rating; (2) award permanent disability based on a twelve-percent member impairment rating rather than a fifteen-percent member impairment rating; (3) award a waiting-time penalty from the date of the injury rather than the date of payment of benefits in August 2016; (4) award Employee out-of-pocket medical expenses; and (5) award reimbursement of vacation time and short-term disability. View "Bower v. Eaton Corp." on Justia Law

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Plaintiff Laurie Exby-Stolley sued her former employer, the Board of County Commissioners of Weld County, Colorado (the County), under the Americans with Disabilities Act (ADA). She alleged the County had failed to accommodate her disability, resulting in the loss of her job. The jury returned a verdict for the County. Exby-Stolley appealed, arguing: (1) the district court improperly instructed the jury that she needed to prove she had suffered an adverse employment action; (2) the district court refused to instruct the jury on a claim of constructive discharge or allow her to argue constructive discharge in closing argument; and (3) the district court misallocated the burden of proof in its undue-hardship jury instruction. The Tenth Circuit found no errors and affirmed the district court's judgment. View "Exby-Stolley v. Board of County Commissioners" on Justia Law

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The Seventh Circuit affirmed defendant's motion to dismiss an action alleging that defendant tortiously interfered with plaintiff's employment contract and knowingly misrepresented company policy, both of which resulted in plaintiff's termination. The court held that the corporate officer privilege was inapplicable here; plaintiff failed to allege facts sufficient to establish the element of intentional inducement; the district court accurately held that plaintiff failed to state a claim for tortious interference with contract; plaintiff failed to allege a common law fraud claim; plaintiff was not entitled to leave to amend at this stage; and plaintiff's counsel's actions did not warrant sanctions under Judicial Code 1927. View "Webb v. Frawley" on Justia Law

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Plaintiff Mead Vest contended defendant Resolute FP US Inc. breached its fiduciary-duty obligations set forth in the Employee Retiree Income Security Act when it failed to notify her late husband of his right to convert a group life insurance policy to an individual life insurance policy after he ceased employment and began drawing long-term disability benefits. The district court ruled plaintiff did not adequately plead a breach-of-fiduciary-duty cause of action. After review, the Sixth Circuit agreed and affirmed. View "Vest v. Resolute FP US Inc." on Justia Law

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The appeal presented to the Court of Appeal here was one in a certified wage and hour class action following a judgment after a bench trial in favor of defendants Certified Tire and Services Centers, Inc. (Certified Tire) and Barrett Business Services. Inc. (collectively, defendants). Plaintiffs contended Certified Tire violated the applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage for all hours worked during each pay period but also gave them the possibility of earning a higher hourly wage for all hours worked during each pay period based on certain productivity measures. The Court of Appeal concluded plaintiffs' arguments lacked merit, and accordingly affirmed the judgment. View "Certified Tire and Service Centers Wage and Hour Cases" on Justia Law