Posts tagged Fifth Circuit.

The employment law week in Trumpland started out a little slow, but now we're back in business.

Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even been endorsed by the International Union of ...

This should have been an open-and-shut case. For the employer, that is, not the employee.

Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-old white supervisor, and the supervisor called him "Boy." Mr. Fisher was offended and complained to the company's vice president of Human ...

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case.

In-depth analyses of the impact of Judge Mazzant's preliminary injunction decision are available here and here.

Denial of the stay means that Judge Mazzant could issue a final decision any time, even ...

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article in the Washington Post

Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile, legislation that would delay the effective date of the rule until June 2017 just passed the U.S. House of Representatives, and there is other legislation pending in ...

We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.

Here's our scorecard:

PERSUADER RULE SCORECARD

March 30

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

Man Driving.flickrCC.MatthewWJackson
"Seriously? I spend 40 hours a week in my car, and you say driving may not be 'essential' to my job?"

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel ...

http://polldaddy.com/poll/9273052/

The best answer is "In all likelihood." A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is.

http://polldaddy.com/poll/9273130/

The best answer, again, is "Maybe yes, and maybe no." The big point here is that you can't count on being able ...

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.David Lopez.EEOC photo

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

Judge Judy.flickrCC.Jena.Fuller
"Counsel, you are NOT helping your case."

One of the marks of a good trial lawyer is knowing when to sit down and shut up.

Maybe these lawyers knew that, and were just desperate.

CorpCar Services of Houston (Texas) lost a racial harassment lawsuit filed by two employees based on a dancing gorilla (played by a white woman) who was hired to "entertain" at a mandatory safety meeting. The ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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