Supreme
Court Invalidates Controversial Labor Department Regulation Penalizing
Employees For Failing To Designate Time Off As Family and Medical Leave.
The Supreme Court struck
down a controversial Department of Labor regulation which gave employees
two bites at the leave of absence apple.¾
Under DOL=s regulation, none
of the time taken off by an employee counts against the employee=s annual FMLA allotment
unless the employer informed the employee prior to the commencement
of the leave that the time off would count as FMLA leave.¾ Ragsdale v. Wolverine World Wide, Inc.
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Supreme Court OK=s Late Filing Of
Discrimination Charge.
The U.S. Supreme Court
ruled that under Title VII, a late-filed verification can relate back
to the original timely-filed, unverified EEOC charge.¾
Edelman v. Lynchburg College
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Employer=s Legitimate Reason
For Termination Defeats Employees= Claims That Terminations
Were Discriminatory.
The Ninth Circuit found
that an employer=s additional reason given for termination
of an employee does not show pretext unless the additional reason conflicts
with a prior stated reason.¾ Villiarimo
v. Aloha Island Air, Inc.
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Employer Is Not Liable
For Age Discrimination Where Termination Was Dictated By Foreign Principal,
And Employee Did Nothing To Mitigate Damages.
A California appellate
court found that the discriminatory intent of an employer=s client, who compelled
the employer to fire a 62-year-old employee, could not make the employer
liable for an otherwise neutral business decision.¾ The employee also failed to mitigate damages
by rejecting the employer=s numerous alternative job offers.¾ West v. Bechtel Corporation
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Contractual Arbitration
May Be Nonbinding.
A California court of appeal
concluded that the presumption that an arbitration award is final can
be overcome by the parties= express written agreement that the decision
would be non-binding.¾ Trabuco
Highlands Community Association v. Head
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State=s Tougher Overtime
Calculation Method Must Be Used Unless Federal Method Produces Even
Higher Rates.
A California court of appeal
ruled that the State=s more-employee-friendly standards regarding
how overtime pay is calculated are enforceable, and must be used, unless
the federal standard under the FLSA produces even higher pay.¾ Lujan v. Southern California Gas Company
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