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Employment-Second Circuit Rules That A Settlement Payment Constitutes Wages And Is Subject To FICA Tax.

November 18, 2013

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In Gerstenbluth v. Credit Suisse Securities (USA) LLC, Docket No. 12-4125-cv (2nd Cir. 2012), the plaintiff, Chester Gerstenbluth ("Gerstenbluth"), sued his former employer, Credit Suisse Securities (USA) LLC ("Credit Suisse"), and the Internal Revenue Service, seeking a refund of Federal…

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Employment-Fifth Circuit Upholds Dismissal of ADA and FMLA Claims

November 11, 2013

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In Shirley v. Precision Castparts Corp., No. 12-20544 (5th Cir. 2013), the plaintiff, Bryan Shirley ("Shirley"), was appealing the district court’s summary judgment that dismissed his claims against the defendants under the Americans with Disabilities Act ("ADA") and the Family…

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Employment-Sixth Circuit Defines Returning To Equivalent Position For FMLA Purposes

November 7, 2013

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In Crawford v. JP Morgan Chase & Company, No. 12-3698 (6th Cir. 2013) (unpublished), the plaintiff, Paul Crawford ("Crawford"), was appealing the district court’s grant of summary judgment in favor of defendant, Chase Bank ("Chase"), on her Family and Medical…

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Employment-Eleventh Circuit Rules That Plaintiff Falls Within Administrative Exemption From FLSA’s Overtime Requirement

November 6, 2013

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In Adams v. BSI Management Systems America, Inc., No. 13-10748 (11th Cir. 2013) (Unpublished Opinion), the plaintiff, Beth Adams ("Adams"), was appealing the district court’s grant of summary judgment in the defendant’s favor. In this case, the defendant, BSI Management…

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Employment-Fourth Circuit Upholds Dismissal of FMLA Interference and Retaliation Claims

November 4, 2013

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In Mercer v. The Arc of Prince Georges County, Inc., No. 13-1300 (4th Cir. 2013), the plaintiff, Adesina A. Mercer ("Mercer"), was appealing the district court’s grant of summary judgment to her former employer, defendant The Arc of Prince George’s…

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Employment-First Circuit Rules That Plaintiff Who Did Not Work Enough Hours To Be Eligible For FMLA Leave Could Not Maintain A Claim Of Interference With FMLA Rights

October 31, 2013

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In McCardle v. Town of Dracut/Dracut Public Schools, No. 13-1044 (1st Cir. 2013), the plaintiff, Raymond McArdle ("McArdle"), is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly…

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Employment-Fifth Circuit Rules That Summary Judgment Against Plaintiff Claiming ADA Discrimination Was Appropriate

October 29, 2013

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In Owens v. Calhoun County School District, No. 12-60897 (5th Cir. 2013), the plaintiff, Darlene Mann Owens ("Owens"), was appealing the district court’s grant of summary judgment in favor of the defendant, Calhoun County School District ("Calhoun"), on Owens’s claims…

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Employment-Eighth Circuit Finds That Plaintiff Has Established A Prima Facie Case Of Age Discrimination And That Summary Judgment Against Him Was Otherwise Inappropriate

October 28, 2013

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In Johnson v. Securitas Security Services USA, Inc., No. 12-2129 (8th Cir. 2013), the plaintiff, Carlyn Johnson ("Johnson"), aged 76, was fired from his position as a security guard for Securitas Security Services USA, Inc. ("Securitas") after he was involved…

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Employment-First Circuit Upholds Preliminary Injunction To Enforce A Non-Solicitation Agreement, Where Former Employee Took Actions To Solicit Business From Former Employer’s Customers

October 24, 2013

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In Corporate Technologies, Inc. v. Brian Harnett, No. 13-1706 (1st Cir. 2013), the district court had granted the plaintiff, Corporate Technologies, Inc. ("CTI"), a preliminary injunction that, among other things, restrained the defendant, Brian Harnett ("Harnett"), a former employee of…

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Employment-Fifth Circuit Rules That Use Of Fluctuating Workweek Method Of Calculating Overtime Is Improper

October 22, 2013

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In Black v. Settlepou, P.C., No. 12-10972 (5th Cir. 2013), the plaintiff, Betty Black ("Black"), is a former employee of the defendant, SettlePou, P.C. ("Settlepou"). After a jury found that SettlePou had misclassified Black as exempt from the Fair Labor…

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