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Jury Awards $4.4 Million In Sexual Orientation Lawsuit

Published by on November 14, 2007

In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the same week that the House of Representatives passed the Employment Non-Discrimination Act, which would prohibit discrimination based on sexual orientation across the nation. ...

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FedEx Class Action Certified

Published by on November 13, 2007

On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as "independent contractors" under the Kansas Wage Payment Act and to common law claims for rescission, unjust enrichment and quantum meruit.  The class includes 102 current drivers and an unknown number of former drivers.  The plaintiffs seek rescission of their independent contractor agreements, repayment of co...

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No More In-Person Hearings In D.C. For Parking Tickets

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This isn't employment law, but it is worth noting.  theNewspaper.com reports that Washington, D.C. plans to eliminate the right of individuals to contest parking tickets in court.  Apparently too many people actually win when they do so (1/3 actually win) and this cuts into the city's revenues.  The city justifies the move as a way to reduce waiting times for citizens. ...

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House Passes Employment Non-Discrimination Act of 2007

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On November 7, 2007, the U.S. House of Representatives passed the Employment Non-Discrimination Act of 2007.  The Act, if enacted into law, would extend the protections of the Civil Rights Act of 1964 to bar discrimination against an individual based on his/her actual or perceived sexual orientation.  The bill defines "sexual orientation" to include homosexuality, heterosexuality, or bisexuality.  The bill passed 234 to 184 with 14 not voting.  Senator Ted Kennedy (D.-Mass.) has stated that...

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4th Circuit Finds That Payment Of Wages And Benefits For 60 Days After Termination Satisfies WARN Act

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The Fourth Circuit held in Long v Dunlop Sports Group Americas, Inc., (4th Cir. Oct. 29, 2007), an employer who failed to give employees 60 days' advance notice of a plant shutdown but continued to pay full wages and benefits to most workers for 60 days after the shutdown satisfied the WARN Act.

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Don’t forget to file your paperwork.

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In an unpublished opinion dated October 23, 2007, the Virginia Court of Appeals upheld an award of wage loss compensation back to 2001 -- and a 20% penalty -- to a former employee who was terminated in 2002 and obtained other employment because Wal-Mart had failed to file a timely termination application.  The Workers' Compensation Commission had sent Wal-Mart reminders as far back as 2002 to file the appropriate paperwork to terminate the award, but it never did so. ...

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