I’m unsure whether to call the Seventh Circuit’s opinion holding that Title VII protects against Sexual Orientation discrimination inevitable. What the opinion represents is legislation from the bench, which is not as uncommon as the general public may believe. First, let us discuss the facts of Hively v. Ivy Tech Community College of Indiana (7th […]

DOL SALARY INCREASE ENJOINED BY U.S. DISTRICT COURT IN SHERMAN In a clear upset, Federal Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an opinion today granting the State of Nevada and multiple other states’ emergency motion seeking a preliminary injunction preventing the Department of Labor’s increase […]

A recent 2nd Circuit Court of Appeals case shows how a lack of patience, jumping to conclusions and ignoring common sense can lead not only to the wrong conclusion but to protracted litigation.  In Vasquez v. Empress Ambulance Service, Andrea Vasquez, an EMT, claims that Tyrell Gray, a dispatcher and co-employee, made a romantic overture […]

The United States Department of Labor, which is responsible in part for administering and enforcing minimum wage and overtime regulations, has implemented a change to the salary test for certain employees.  Come December 1, 2016, employees who are salaried and fall within the professional, administrative and executive class of exemptions from overtime now must be […]

The Second Circuit Court of Appeals in New York City recently heard Graziadio v. Culinary Institute of America, 2016 Lexis 4861(2nd Cir. 2016)  In Graziado, the employee’s 17 year old son was diagnosed with Type 1 Diabetes and required emergent care.  After leaving to care for her son, Ms. Graziado, the payroll administrator for the […]

As you will see in the following case, it depends on who is making the threat.  The Fifth Circuit addressed an interesting factual scenario in Margie Brandon v. The Sage Corporation, 808 F.3d 266 (5th Cir. 2015).  Margie Brandon was the director of the Sage trucking driving school San Antonio campus.  She hired Loretta Eure […]

One has to wonder under what circumstance is an employer’s refusal to allow an employee to rescind her resignation considered an adverse employment action.  The Fifth Circuit Court of Appeals in New Orleans answers this question for us in Porter v. Houma Terrebonne Housing Authority.  The facts, first.  Tyrikia Porter was a long time employee […]