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Iowa employee lawfully terminated for absences after failing to notify employer of need for FMLA leave

Fenwick & West LLP
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USA
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March 13 2013

In Bosley v. Cargill Meat Solutions, Tanya Bosley worked for Cargill for several years. During that time, she missed work on occasion and called in

24 hour fitness settles overtime claims by trainers and managers for $17.5 million

Fenwick & West LLP
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USA
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March 13 2013

The operator of a national chain of Fitness centers agreed to settle the wage claims of over 860 trainers and managers for about $17.5 million. In

Newspaper delivery workers denied class action status over alleged misclassification as independent contractors because individual issues predominated

Fenwick & West LLP
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USA
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July 11 2012

Newspaper delivery works failed to obtain class certification of their claims that they were misclassified as independent contractors

Polo Ralph Lauren settles off-the-clock wage claim for $4 million

Fenwick & West LLP
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USA
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June 9 2010

In Otsuka v. Polo Ralph Lauren Corp., a federal district court in Northern California approved a $4 million class action settlement for unpaid wages

No privacy violation by touching employee's shoulder

Fenwick & West LLP
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USA
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June 14 2011

In DaPonte v. Ocean State Job Lot, the Rhode Island Supreme Court ruled that a company president did not violate an employee's privacy by touching her shoulder

Employer not required to conduct background check, and not liable to customer who was pistol-whipped by employee

Fenwick & West LLP
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USA
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July 11 2012

In Harris v. KFC U.S. Properties, Inc., a federal district court in Pennsylvania ruled that the operator of a Kentucky Fried Chicken outlet in Philadelphia was not liable to a customer who was pistol-whipped by a store clerk

Sexual comments within closely grouped cubicles support sex harassment claim

Fenwick & West LLP
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USA
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June 10 2009

In Gallagher v. C.H. Robinson Worldwide, Inc., the federal Sixth Circuit Court of Appeals (covering Midwestern states including Ohio) held that plaintiff was entitled to a trial of her hostile environment claim

Federal ADA retaliation claim does not permit recovery of damages

Fenwick & West LLP
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USA
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January 12 2010

In Alvarado v. Cajun Operating Co., the Ninth Circuit held that the ADA does not allow a claimant to recover compensatory or punitive damages for alleged retaliation for having complained about disability discrimination

Employer properly discharged employee for failure to give timely notice of need for additional FMLA leave

Fenwick & West LLP
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USA
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November 10 2010

In Brown v Auto Components Holdings LLC, the federal Seventh Circuit Court of Appeals (covering Midwestern states including Indiana) held that plaintiff failed to timely notify her employer of her need for additional FMLA leave

Frequently absent employee fails to establish disability discrimination

Fenwick & West LLP
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USA
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November 10 2011

In Colon-Fontanez v. Municipality of San Juan, the federal First Circuit Court of Appeals upheld summary judgment in the employer's favor on the employee's claims of disability discrimination

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