It’s been a difficult three months for central Iowa employers. May, June, and July each saw a million dollar plus plaintiff verdict in an employment discrimination lawsuit. One such verdict in these parts is notable, but three in three months is unheard of until now. Back in January, we noticed juries in other parts
Litigation and Trials
Is it Really Possible the DOL’s Increase of the Minimum Salary for Exempt Employees Could Come Back?
By Patrick Smith on
Posted in Litigation and Trials, Wage and Hour
This time last year many employers were anxious about the new Department of Labor Rule that raised the minimum salary for exempt employees to $913 per week, more than double the existing minimum of $455. The Rule was scheduled to become effective December 1, 2016. Then, in a surprising stroke of fortune, on November…
What to Make of Big Verdicts in Employment Cases: Aberration or Harbinger of Things to Come?
By Patrick Smith on
Posted in Litigation and Trials
Last month in Jackson County, Missouri (Kansas City), two different juries issued eye-popping plaintiff verdicts in employment discrimination cases. In one case, a jury awarded Deborah Miller $450,000 in compensatory damages and a whopping $20 million in punitive damages. Miller sued American Family Insurance for age and sex discrimination and retaliation after she lost her…
Does the ADA Require Reassignment to a Vacant Position as a Reasonable Accommodation?
It’s an all too common situation: an employee’s medical condition results in permanent restrictions that prevent the employee from performing essential job functions that she used to be able to do. It is not reasonable to modify the job so the employee can keep the position. There is a vacancy in another department for which…
What Makes for a Good Employee Lawsuit
By Patrick Smith on
Posted in Human Resources Compliance, Litigation and Trials
Management side lawyers are constantly giving advice about “how to” or “how not to” handle various employment situations. But, sometimes the best insight about what is or is not a good practice comes from the plaintiff’s side. After all, they are the ones who sue our clients, and we should pay attention whenever a plaintiff’s…
Iowa Employers Should Re-Examine Policies on Pregnancy Accommodation
How to best accommodate pregnant employees is a frequent challenge Iowa employers face. Pregnant employees may be entitled to protection under the laws prohibiting discrimination on the basis of pregnancy, as well as those requiring equal treatment based upon gender and disability. Many employers have tried to walk this fine line with policies that allow…
Caution: Just Because You Give an Employee What He Wants Does Not Mean He Won’t Sue You For It Later
By Patrick Smith on
discrimination “adverse employment action” Sixth Circuit…
Continue Reading Caution: Just Because You Give an Employee What He Wants Does Not Mean He Won’t Sue You For It Later
Another Court Rules Agreement to Arbitrate Employment Disputes is Enforceable
By Patrick Smith on
Posted in Litigation and Trials
Employers who want to bypass jury trials of employment disputes in favor of arbitration got another boost in a recent case from the Eastern District of Missouri. In Karzon v. AT&T, Inc. (E.D. Mo. 1/7/14), the court ruled that E-mail notification of an arbitration proposal combined with an “opt-put” option was sufficient to bind …
Don’t Assume An Applicant Is Not Qualified Because a Doctor Says So…
A federal district court in Michigan recently granted summary judgment for the plaintiff, (you read that correctly), ruling that the employer was liable for disability discrimination as a matter of law. (Lafata v. Dearborn Heights Sch. Dist. No.7 (E.D. Mich. 12/11/2013)). A plaintiff hardly ever files for summary judgment in an employment case, let …
Employment Discrimination Lawsuit Against Catholic Diocese of Sioux City Tests the Limits of the Ministerial Exception
By Patrick Smith on
The CFO of Bishop Heelan Catholic Schools in Sioux City claims he was terminated because he is not Catholic. He recently sued the Diocese, the school, and the Bishop alleging his termination violated the law against discrimination on the basis of religion. Does he have a case?
Courts in the United States have uniformly recognized…