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Employment Litigation

April 16, 2013
The Supreme Court Remains Mute on the Issue of What It Takes to Moot a Named Plaintiff’s Claims in a FLSA Collective Action
Today in a 5-4 decision, the Supreme Court held that an offer of judgment that fully satisfies the claims of a named plaintiff in a FLSA collective action may eliminate the case if the offer of judgment moots the plaintiff’s claims. In Genesis Health Care Corporation v. Symczyk, the plaintiff had declined a Rule 68 offer of judgment made by the defendant. Specifically, the defendant had offered $7,500 back wages and an amount of attorney’s fees and costs to be determined by the court. The offer was left open for ten days. The plaintiff did not accept the offer. The district court held that because the offer was for the full amount of the plaintiff’s claim, no controversy remained, thus depriving the court of subject matter jurisdiction. On appeal, the Third Circuit agreed that the plaintiff’s claim was moot but reversed the district court, holding that such attempts to “pick off” a named plaintiff’s claim in a collective action would frustrate the goals of such actions.
March 12, 2013
Colorado Court Dismisses Pregnancy Discrimination Claim By Returning Mother Who Wanted to Avoid Travel
May an employer insist that an employee who is recently back from maternity leave comply with increased travel requirements that were instituted while she was out on leave? The answer, according to the United States District Court for the District of Colorado, is “yes.”
2/20/2013
8th Circuit Affirms Verdict Requiring Employee to Return $735,000 Severance Payment After She Disclosed Confidential Information
If you thought there was nothing an employer could really do when a departed employee discloses the employer’s confidential information, think again. Last week, the Eighth Circuit Court of Appeals upheld a jury verdict requiring a former vice president of marketing to pay Hallmark $735,000 – the entire payment the company had given her under a severance agreement – after she disclosed confidential information to a competitor
2/1/2013
Spencer Fane Labor and Employment Lawyers in the News
Spencer Fane Labor and Employment lawyers Stan Craven and Dave Kight were quoted by newspapers across the country this week on the National Labor Relations Board and efforts by legislatures to enact social media protection laws.
9/14/2012
Employer Not Liable for Retaliatory Discharge Under Kansas Wage Payment Act
Lindsay Todd Perkins discusses a recent Kansas Court of Appeals case holding an employer cannot be liable for retaliatory discharge for firing an employee to avoid paying commissions owed under the Kansas Wage Payment Act.
9/3/2012
Employer's Honest Belief Governed Decision to Fire says Court
David Kight discusses a recent 8th Circuit case in which the Court rejected an ADA / FMLA lawsuit filed by an employee who was fired because the employer reasonably believed that the employee was refusing mandatory work to go to a casino to gamble.
8/18/2012
Missouri Supreme Court Upholds Non-Compete But Strikes Provisions Related to Clients
Dave Kight discusses a new case in which the Missouri Supreme Court has once again upheld the right of employers to have post-employment restrictive covenants. However, the Missouri Supreme Court ruled that a restriction which bars competition with all clients, regardless of the employee’s involvement invites scrutiny and will possibly be struck down.
8/16/2012
California's Hostility to Arbitration Agreement is Changing
Brian Christensen writes about the changing views of California courts to employment arbitration agreements.  After years of opposing these agreements, California courts appear to be enforcing them.
8/12/2012
Assuming Courts will Agree that Your Social Media Posts are Jokes or Satire is Risky
Dave Kight talks about a pair of recent rulings in which social media posts - which were described as jokes or satire - get strong consideration by courts evaluating claims before them.  In one case, the posts led to sanctions against a student.  In another, the posts may impact an employee's sexual harrassment claim.
7/31/2012
**Update** - Minimum Wage Ballot Measure Stopped
Despite a win at the Missouri Supreme Court on the procedure to get a ballot measure on the November 2012 election ballot, the Missouri Secretary of State ruled that the ballot measure failed to get enough signatures and would not be on the ballot after all.
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