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Results: 1-10 of 18

Intrastate passenger trips can trigger FLSA's motor carrier exemption, rules Eleventh Circuit
  • Epstein Becker Green
  • USA
  • October 15 2010

Drivers who transport passengers from airports to locations within the same state can be subject to the FLSA’s motor carrier exemption, according to a recent decision by the Eleventh Circuit Court of Appeals, Abel v. Southern Shuttle Services, Inc., Case No. 10-10659 (11th Cir., September 21, 2010


Admission of "no reasonable cause" determination reversible error, rules 4th DCA
  • Epstein Becker Green
  • USA
  • December 19 2009

A trial court's decision to admit into evidence a Broward County Civil Rights Division "no reasonable cause" determination was an abuse of discretion and constituted reversible error, according to a recent decision by the Fourth District Court of Appeals


Flirtation and brief touchings are not sexual harassment, Eleventh Circuit rules
  • Epstein Becker Green
  • USA
  • August 28 2009

When does flirtation and touching by a supervisor cross the line into sexual harassment in violation of Title VII?


Eleventh Circuit rules for employees on FLSA enterprise coverage
  • Epstein Becker Green
  • USA
  • August 31 2010

In an important decision that will affect countless numbers of small businesses in Florida, the Eleventh Circuit Court of Appeals today rejected the arguments of several employers that they were not subject to "enterprise coverage" under the Fair Labor Standards Act


Understanding Florida's workers' compensation retaliation statute
  • Epstein Becker Green
  • USA
  • January 26 2010

A plaintiff who alleges that his employer terminated his employment in retaliation for filing a workers’ compensation claim is entitled to proceed to trial, according to a recent decision by the Third District Court of Appeals, Ortega v. Engineering Systems Technology, Inc. (Fla. 3d DCA, January 20, 2010


Non-disabled applicant can go to trial based on company's pre-employment medical inquiry, says Eleventh Circuit
  • Epstein Becker Green
  • USA
  • January 15 2010

A non-disabled applicant for employment can proceed to trial under the Americans with Disabilities Act based on a company’s unlawful pre-employment medical inquiry, according to a recent decision by the Eleventh Circuit Court of Appeals, Harrison v. Benchmark Electronics Huntsville, Inc. (11th Cir. January 11, 2010


Bystander employee can claim sexual harassment
  • Epstein Becker Green
  • USA
  • August 18 2009

Sexually offensive language need not be targeted at the plaintiff in order to support a claim of sexual harassment, according to a recent decision by the Fifth District Court of Appeals in Blizzard v. Appliance Direct, Inc. (Fla. 5th DCA, August 7, 2009


Understanding the Eleventh Circuit's Polycarpe decision
  • Epstein Becker Green
  • USA
  • September 6 2010

Recently I reported that the Eleventh Circuit’s decision in Polycarpe v. E&S Landscaping Services, Inc. will lead to an increase in the number of FLSA cases filed against small businesses in Florida


Does Dees v. Hydradry leave employers high and dry in FLSA settlements? (Part II)
  • Epstein Becker Green
  • USA
  • July 6 2010

When settling employment-related lawsuits, employers want peace as quickly, inexpensively, and painlessly as possible


SOX whistleblower must actually believe employer's conduct was illegal, says Eleventh Circuit
  • Epstein Becker Green
  • USA
  • June 28 2010

An employee claiming whistleblower protection under the Sarbanes-Oxley Act must have actually believed that his company’s conduct was illegal in order to state a claim under the Act, according to a recent decision by the Eleventh Circuit Court of Appeals, Gale v. U.S. Department of Labor, Case No. 08-14232 (11th Cir., June 25, 2010