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The First Circuit affirmed the judgment of the district court granting judgment as a matter of law to Defendant-employer on Plaintiff’s age discrimination claims and Puerto Rico law claims and granting in part Defendant’s summary judgment motion, holding that there was no error in the proceedings below. After Plaintiff was laid off as part of Defendant’s effort to cut costs, Plaintiff sued the hospital under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-634 and Puerto Rico antidiscrimination and tort law. The district court granted summary judgment in part for Defendant, finding that Defendant had facially legitimate, non-discriminatory grounds to terminate Plaintiff’s position. A jury trial ensued, but at the close of evidence the district court granted Defendant’s motion for judgment as a matter of law. The First Circuit affirmed, holding that there were fatal and uncontradicted defects in Defendant’s prima facie theory of liability as established by the evidence at trial. View "Hoffman-Garcia v. Metrohealth, Inc." on Justia Law

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The First Circuit affirmed the orders of the district court judge’s rulings dismissing Plaintiff’s sexual orientation discrimination claim and granting summary judgment for Defendant on Plaintiff’s unjust discharge and age discrimination claims and awarded Defendant its costs on this appeal, holding that the judge committed no reversible error. In this diversity case governed by Puerto Rico law, the district court judge dismissed Plaintiff’s claims against her former employer on Defendant’s motions to dismiss and for summary judgment. The First Circuit affirmed, holding (1) the judge properly dismissed Plaintiff’s sexual orientation discrimination claim because Plaintiff did not plausibly plead that her firing constituted sexual orientation discrimination; and (2) the judge properly granted summary judgment for Defendant on Plaintiff’s unjust discharge and age discrimination claims. View "Villeneuve v. Avon Products, Inc." on Justia Law

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The Supreme Court reversed the judgment of the trial court awarding Matthew Vacca actual and punitive damages, including substantial future lost wages, on his claim that he was retaliated against for filing a complaint with the Missouri Commission on Human Rights and Equal Employment Opportunity Commission alleging disability discrimination, holding that the trial court abused its discretion in refusing to apply judicial estoppel to Vacca’s claim of future lost wages. The circuit court found Vacca claimed in this case that he could have continued to work as an administrative law judge (ALJ) for twenty more years. In Vacca’s ongoing dissolution proceeding, however, he claimed he was entitled to maintenance because he was totally unable to work due to his disability. The circuit court concluded that it was barred from applying judicial estoppel because the dissolution judgment had been remanded for further proceedings based on evidentiary errors. The Supreme Court reversed, holding (1) once a party takes inconsistent positions, there are no fixed prerequisites to application of judicial estoppel; and (2) the trial court abused its discretion in refusing to apply judicial estoppel to preclude Vacca from making the inconsistent claim that he was able to work as an ALJ for another twenty years with reasonable accommodations. View "Vacca v. Missouri Department of Labor & Industrial Relations, Division of Workers' Compensation" on Justia Law

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The Supreme Court interpreted Milwaukee County General Ordinance 201.24(4.1) to mean that employees not covered by the terms of a collective bargaining agreement (CBA) were entitled to the benefit of the “Rule of 75” if they were hired prior to January 1, 2006, and that, on September 29, 2011, the operative date of the County’s amended ordinance, members of Milwaukee District Council 48 of the American Federation of State, County and Municipal Employees (DC-48) were not covered by the terms of a CBA because the last CBA had expired. At issue were pension benefits, known as the Rule of 75, to certain DC-48 members. The County enacted an ordinance granting Rule of 75 benefits to all employees “not covered by the terms of a [CBA]” as long as those employees were hired before 2006. DC-48 sought a declaratory judgment that its members were not covered by the terms of a CBA and that all members hired prior to January 1, 2006 were eligible for the Rule of 75. The circuit court concluded that DC-48 members were not covered by the terms of a CBA on September 29, 2011. The Supreme Court affirmed, holding that, pursuant to an active CBA, the members of DC-48 were not “covered by the terms” of a CBA on September 29, 2011. View "Milwaukee District Council 48 v. Milwaukee County" on Justia Law

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Hernandez filed a voluntary Chapter 7 bankruptcy petition in December 2016, reporting one sizable asset: a pending workers’ compensation claim valued at $31,000. To place that claim beyond the reach of creditors, she listed it as exempt under section 21 of the Illinois Workers’ Compensation Act, 820 ILCS 305/21, applicable via 11 U.S.C. 522(b). Two days after filing for bankruptcy, Hernandez settled the claim. Hernandez owed significant sums to three healthcare providers who treated her work-related injuries. The providers objected to her claimed exemption, arguing that 2005 amendments to the Illinois Act enable unpaid healthcare providers to reach workers’ compensation awards and settlements. The bankruptcy court denied the exemption and the district judge affirmed. The Seventh Circuit certified to the Illinois Supreme Court the question: Whether the Illinois Workers’ Compensation Act, as amended, allows care-provider creditors to reach the proceeds of workers’ compensation claims. The court noted that Section 21 has been interpreted by bankruptcy courts to create an exemption for these assets; 2005 amendments imposed a new fee schedule and billing procedure for care providers seeking remuneration. The Illinois Supreme Court has not addressed the interplay between these competing components of state workers’ compensation law. View "Hernandez v. Marque Medicos Fullerton, LLC" on Justia Law

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The Fourth Circuit affirmed the district court's grant of summary judgment for the University in an action brought by a sociology professor, alleging claims under the Equal Pay Act and Title VII. The court held that, although plaintiff established a pay disparity between her and two former administrators, she failed to present evidence creating a genuine issue of material fact that the administrators were appropriate comparators. The court also held that, in any event, the University based the administrators' higher pay on their prior service as University administrators, not their sex. View "Spencer v. Virginia State University" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment for the Salvation Army, in an employment discrimination action under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). The panel held that the religious organization exemption (ROE) applied to the Salvation Army; the ROE reached claims for retaliation and hostile work environment; and the ROE barred plaintiff's claims because the ROE was nonjurisdictional and subject to procedural forfeiture, and may be first raised at summary judgment absent prejudice. Absent prejudice resulting from the failure to timely raise the defense, the panel held that the Salvation Army permissibly invoked the ROE at summary judgment and it foreclosed plaintiff's Title VII claims. The panel also held that plaintiff failed to make out a claim under the ADA because the Salvation Army was under no obligation to engage in an interactive process in the absence of a disability. In this case, after plaintiff's clearance for work, she failed to show that she was disabled. View "Garcia v. Salvation Army" on Justia Law

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Employees at Seoul Garden, an Ann Arbor, Michigan restaurant, customarily work lunch and dinner shifts six days a week. Before August 2016, when the restaurant got a time clock, employees did not record their hours. The owners marked employees as present or absent for each shift without recording whether employees left early or stayed late. Employees work an average of 52 hours a week. The owners negotiate a “guaranteed wage” day rate with each employee, then derive an hourly rate (for 40 hours) and overtime rate. Although the rate is generous compared to minimum wage, some employees’ rates are too low to reach the guaranteed wage even working a full week, so the owners add a “bonus” to reach the agreed-upon weekly wage. In rare instances, employees exceed their guaranteed wage; the owners apply a “negative bonus” to reduce the pay to the guaranteed wage. The Department of Labor’s Wage and Hour Division investigated and alleged violations of the Fair Labor Standards Act, 29 U.S.C. 207(a). The district court held that the owners owe back pay of $112,212 to 28 employees and enjoined them from continuing violations, but excused them from paying liquidated damages. The Sixth Circuit affirmed, noting the owners’ insufficient record-keeping but stating that they acted in good faith and had reasonable grounds for believing they were in compliance with the Act. View "Acosta v. Min & Kim, Inc." on Justia Law

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Where a jury awarded plaintiff nominal compensatory damages and punitive damages for his claim of hostile work environment against his former employer, the Eighth Circuit affirmed the district court's denial of defendant's post-trial motions and grant of attorney's fees to plaintiff. The court held that the $250,000 award of punitive damages was supported by the record where plaintiff repeatedly complained to supervisors that his manager was using racial slurs and the company did not take action; plaintiff's 42 U.S.C. 1981 claim was timely under the applicable four year statue of limitations where the workplace abuse continued into the limitations period; the punitive damages amount was constitutionally sound in light of the degree of reprehensibility of defendant's misconduct; and the district court did not abuse its discretion in awarding attorney's fees and accepting the attorney's hourly rate as reasonable. View "Bryant v. Jeffrey Sand Co." on Justia Law

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The Supreme Judicial Court reversed the grant of summary judgment in favor of Defendants and the denial of Plaintiffs’ motion for summary judgment, holding that Plaintiffs, who worked for Defendants’ company that grew, harvested, packages, and distributed bean sprouts, were entitled to overtime pay for the hours they worked over forty each week under the overtime statute, Mass. Gen. Laws ch. 151, 1A. The superior court judge concluded Plaintiffs were not entitled to overtime wages because the work they performed fell under the agricultural exemption to the overtime statute, Mass. Gen. Laws ch. 151, 1A. The Supreme Judicial Court disagreed after reading the plain language of the exemption in Mass. Gen. Laws ch. 151, 1A(19) narrowly in include only the work of planting, raising, and harvesting crops, holding that Plaintiffs were not “engaged in agriculture and farming” within the meaning of the agricultural exemption and thus were entitled to overtime pay as provided by the overtime statute. View "Arias-Villano v. Chang & Sons Enterprises, Inc." on Justia Law