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.?
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.? Ragsdale v. Wolverine World Wide, Inc.
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Story
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.?
Edelman v. Lynchburg College
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Story
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.? Villiarimo
v. Aloha Island Air, Inc.
Full
Story
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.? The employee also failed to mitigate damages
by rejecting the employer=s numerous alternative job offers.? West v. Bechtel Corporation
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Story
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.? Trabuco
Highlands Community Association v. Head
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Story
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.? Lujan v. Southern California Gas Company
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Story
