Category Archives: 11th Circuit
11th Circuit Updates: Wages, Title VII, Rehabilitation
Darryl Walker, et al., v. Jefferson County Board of Education, et al., ____F.3d____ (11th Cir. November 4, 2014). Brief Summary: Consolidated appeals of school board employees regarding wrongfully calculated wages and overtime. Eleventh Circuit affirmed. In Walker, employees sued the Jefferson County School Board of Education and Madison City Board of Education, and made… Read More »
11th Circuit Update: Arbitration, Americans with Disabilities
Int’l Bhd. of Elec. Workers, Sys. Council U-4 v. Florida Power & Light Co___ F. 3d ___ (11th Cir. October 2, 2014) Short Summary: A union appealed a district court’s decision to dismiss a Motion to Compel Arbitration on the basis that the claim was not moot. The Eleventh Circuit vacated the decision and… Read More »
11th Circuit Update: Unpaid Wages, NLRA
Gilson, et al. v. Indaglo, Inc., et al, ___ F. 3d ___ (11th Cir. October 31, 2014) Short Summary: Former employees appeal district court’s decision regarding unpaid minimum wage payments. The Eleventh Circuit affirmed. In Gilson, et a. v. Indaglo, Inc., former employees Gilson and Hinz appealed the district court’s decision regarding Indaglo’s failure… Read More »
11th Circuit Update: Maritime Employment Agencies
Jurich, et. al. v. Compass Marine, Inc. (August 22, 2014) In Jurich, et al. v. Compass Marine, Inc. four seamen brought claims against their maritime employment agencies, which helped them to find their jobs as seaman, for portions of their wages. By way of background, when the seamen first engaged in the services of the employment agencies… Read More »
11th Circuit Court Holds Employer Must Show More Than the Safety Concern is Well-Grounded
In Booth, et al. v. Pasco Cty., FL, et al. (July 3, 2014), emergency-service workers brought claims against the County and union alleging retaliation pursuant to Title VII and the Florida Civil Rights Act. During employment, Plaintiff Booth filed a grievance against his supervisor, and named Plaintiff Brown as a witness. Booth was previously warned… Read More »
Employer’s Decision to Not Employ Truck Driver with Alcoholism is No Violation of ADA
In Jarvela v. Crete Carrier Corp (June 2014), the 11th Circuit addressed an employee’s, Sakera Jarvela, appeal of summary judgment in favor of the employer, Crete Carrier Corp, regarding Jarvela’s claims of violations under the ADA and FMLA due to his termination. Sakera Jarvela, a commercial truck driver suffered from alcoholism. Jarvela’s employer had… Read More »
Employee’s Testimony Constitutes Protected Activity
Brannon, et. al. v. Finklestein (June 2014) involved an appeal of granting summary judgment in favor of the employer as to Brannon’s claims of retaliation for his constitutionally protected testimony about a state judge. Brannon was employed as a forensic psychologist for the Broward County Public Defender’s office, working for the Public Defender, Finklestein…. Read More »
Speech on Behalf of Union Protected Under First Amendment
Hubbard v. Clayton Co. Sch. Dist., et. al. (June 27, 2014) involves a former School District employee’s appeal of summary judgment in favor of the District. Hubbard claimed retaliation in violation of First Amendment rights due to his public statements regarding an accreditation investigation of the School District. When employed, Hubbard was scheduled to… Read More »
11th Circuit Holds an Employee Must Show They Are Disabled
Wetherbee v. Southern Nuclear Operating Co. (June 2014) involves a prospective employee’s appeal of the district court’s granting of summary judgment regarding claims of discrimination under the Americans with Disabilities Act, § 12112(d)(3)(C), and alleged misuse of information obtained during a medical evaluation. Previously, the 11th Circuit affirmed in part the district court’s grant of summary judgment in… Read More »
Eleventh Circuit Recognizes Pattern of Workplace Discrimination for Discrimination Claims
Barthelus v. G4S Government Solutions, Inc. ___ F. 3d ___ (11th Cir. May 27, 2014) Barthelus v. G4S Government Solutions, Inc. involved a former employee’s claims of discrimination and retaliation, brought pro se by former employee, Barthelus, who is black Haitian, against his former employer, G4S. In the lawsuit, Barthelus claimed he was discriminated… Read More »