Author Archives: Site Administrator
Eleventh Circuit concludes NLRB order to reinstate employees is not moot just because reinstatement is difficult
NLRB v. Allied Medical Transport, Inc., No. 14-15033 (11th Cir. Oct. 13, 2015) SHORT: In NLRB v. Allied Medical Transport, Inc., the Eleventh Circuit granted the National Labor Relations Board’s petition for enforcement, concluding that substantial evidence supported the Board’s order that Allied illegally interfered with its employees’ union activities and unlawfully retaliated against… Read More »
Eleventh Circuit concludes no racial discrimination when employee was hired by same School Board that fired him, and offered a contract renew before termination
Flowers v. Troup Cnty. Sch. Dist., No. 14-11498 (11th Cir. Oct. 16, 2015) Short: In Flowers v. Troup Cnty. Sch. Dist., the Eleventh Circuit affirmed the district court’s grant of summary judgment on behalf of the School District regarding a former employee’s claims under Title VII of the Civil Rights Act, 42 U.S.C. 2000e… Read More »
Eleventh Circuit concludes speech not protected by First Amendment when made in accordance with job duties, and not focused on matters of public concern.
Alves v. Board of Regents, No. 14-14149 (11th Cir. Oct. 29, 2015) Short version: In Alves v. Board of Regents, the Eleventh Circuit affirmed summary judgment in favor of the Board of Regents, regarding five Georgia State University employees’ claims of violation of their First Amendment rights. The employees brought claims under 42 U.S.C…. Read More »
11th Circuit Update: Whistleblower, Fair Labor Standards Act, ERISA
Wiersum v. U.S. Bank, No. 14-12289 (11th Cir. May 5, 2015) Brief summary: Florida Whistleblower Act Claim Preempted by National Bank Act In Wiersum v. U.S. Bank, Marc Wiersum, former bank employee/Vice President, appealed the district court’s dismissal with prejudice of his Florida Whistleblower Act (FWA) claim, which it determined was preempted by the… Read More »
11th Circuit Update: Breach of Contract, Discrimination
Peter A. Wilson v. International Business Machines Corporation, No. 14-14977 (11th Cir. May 11, 2015) Brief summary: Employer’s Adjustment of Commissions for a Significant Transaction Not Breach of Employment Contract In Wilson vs. IBM, former International Business Machines Corporation (IBM) employee Peter Wilson appeal the district court’s granting of summary judgment of his breach… Read More »
11th Circuit Update: Independent Contractor, WARN Act
Carlson v. FedEx Ground Package Sys., Inc., No. 13-14979 (11th Cir. May 28, 2015) Brief summary: Determination of Whether a Worker Is Independent Contractor or Employee is Question of Fact In Carlson v. FedEx, drivers for FedEx challenged whether they were properly classified as independent contractors through claims of Florida’s Deceptive and Unfair Trade… Read More »
Employment Law: Are Franchisors Liable for their Franchisees?
The cornerstone of the historical franchise business model is the concept that the franchisee is independent from the franchisor and is fully responsible for its own legal matters. This is a mutually appreciated tenet by both parties. Since franchising began, however, claimants have attempted to assert that franchisors should join franchisees in their responsibilities… Read More »
11th Circuit Update: Disability, Protected Activity, Harassment
Sandra Nolley v. AT&T Services, Inc., et. al. No. 14-13470 (11th Cir. May 1, 2015) Denial of Disability Benefits Not De Novo Wrong When Claimant Did Not Meet Definition of Disabled Brief summary: Sandra Nolley, a pro se litigant, appealed summary judgment in favor of AT&T Services and Sedgwick Claims Management Services, Inc. regarding… Read More »
Health Issues Caused By Excessive Working Hours Not Enough for an Seaman’s Negligence Claim Against Employer Under Jones Act
In Skye v. Maersk Line, the 11th Circuit was posed with the question of whether a seaman, former chiefmate, could recover monetary damages under the Jones Act for an injury stemming from excessive overtime work hours to the point of fatigue and erratic sleep schedule. Skye was diagnosed in 2000 with benign arrhythmia and… Read More »
Workplace Safety: Texting while Driving
In addition to the safety issues related to employees texting while driving, employers could also face potential legal problems. The Occupational Safety and Health Act of 1970 (OSH Act) requires employers to provide a workplace free of serious recognized hazards. According to OSHA (as part of their Distracted Driving Initiative), “Employers who require their… Read More »