A federal judge dismissed an overtime pay case brought by an employee of a restaurant in Manhattan's Bryant Park on grounds that the employer, which also owned the adjacent ice rink, was entitled to an exemption for seasonal recreational establishments.
A recent decision from the U.S. Court of Appeals for the Fourth Circuit reminded this writer that you could still learn something new about the law every day. Even in an area that you are a supposed expert. This time, it was a decision regarding the so-called "manager rule," a principle applied in some circuits in the context of retaliation claims under the Fair Labor Standards Act (FLSA). The rule had been extended to retaliation claims under Title VII. For managers, human resources professionals and the like, in order to engage in protected activity and garner protection from retaliation, the rule required the employee to "step outside his or her role of representing the company."
A New Haven jury has rendered a defense verdict in a civil lawsuit in which a former Madison police officer claimed he was fired in retaliation for critical public comments he made about town officials.
In a decision that could potentially have wide-reaching effects, the U.S. Court of Appeals for the Third Circuit has ruled that ERISA plan administrators must specifically state contractual time limits for seeking judicial review in their benefit denial letters or forfeit the ability to fend off claimants' suits as time-barred.