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October 14, 2010 |

A Word Puzzle for Justices in Job Bias Case

The U.S. Supreme Court on Wednesday wrestled with the meaning of the word "file" in a job retaliation case with potentially huge ramifications for workers who allege wage-and-hour violations by their employers.
4 minute read
October 14, 2010 |

U.S. Supreme Court Faces Word Puzzle in Job Bias Case

The Supreme Court on Wednesday wrestled with the meaning of the word "file" in a job retaliation case with potentially huge ramifications for workers who allege wage-and-hour violations by their employers. At the core of the case is language in the Fair Labor Standards Act's anti-retaliation provision stating that an employee who "file(s) any complaint" is engaged in protected activity. A federal district court and the 7th Circuit ruled that the provision protects internal complaints only if they are written.
4 minute read
March 23, 2010 |

Supreme Court to decide whether anti-retaliation shield protects only those who complain in writing

The U.S. Supreme Court has agreed to hear a retaliation lawsuit that seeks to answer a seemingly simple question: What does it mean to "file a complaint"? That question lies at the heart of a case in which a Wisconsin factory worker claimed he was unlawfully fired after verbally complaining to his bosses about the placement of time clocks.
2 minute read
March 25, 2010 |

High Court to Decide Whether Anti-Retaliation Shield Protects Only Those Who Complain in Writing

The Supreme Court has agreed to hear a retaliation lawsuit that seeks to answer a seemingly simple question: What does it mean to "file a complaint"? The question lies at the heart of the case of a Wisconsin factory worker who claimed he was unlawfully fired after verbally complaining to his bosses about the placement of time clocks. The employer argued that only written complaints -- not oral ones -- are protected activity under the anti-retaliation provision of the Fair Labor Standards Act, and the 7th Circuit agreed.
2 minute read
March 25, 2010 |

Sooo, Just Keep My Mouth Shut: Can Workers Only Complain in Writing?

The Supreme Court grants cert in Kasten v. Saint Gobain Performance Plastics, a case addressing the Fair Labor Standards Act's anti-retaliation provision. The 7th Circuit held that under the provision, only written complaints, not oral ones, count as protected activity.
2 minute read
July 15, 2010 |

In-House Lawyer Loses Whistleblower Case in Minnesota

Last month, after a four-year legal saga, the Minnesota Supreme Court denied attorney Brian Kidwell whistleblower protection in his wrongful discharge suit. The court, which took two years to issue a decision, found Kidwell was simply fulfilling the duties of his job as in-house counsel.
8 minute read
July 15, 2010 |

In-House Lawyer Loses Whistleblower Case

8 minute read
July 16, 2010 |

In-House Lawyer Loses Whistleblower Case

When Sybaritic Inc., general counsel Brian Kidwell alerted senior management to suspected illegal activity at his company, he knew the news could come back to hurt him. Before making the report, he even researched the law on whistleblowers to see what protections he might have if the company retaliated, according to his testimony later at trial.
8 minute read
March 21, 2011 |

Baristas' suit against Starbucks may proceed as class action

A Boston federal judge has certified a Massachusetts class action against Starbucks Corp. over its tip policy on the same day plaintiffs appealed a New York federal court's judgment on the same policy to the U.S. Court of Appeals for the 2d Circuit.
4 minute read
December 07, 2011 |

7th Circuit rules for borrower over BOA in Truth in Lending Act case

The U.S. Court of Appeals for the 7th Circuit has revived a borrower's case against Bank of America and a title company for giving him one instead of two copies of a notice advising of a three-day right to cancel a refinancing.
4 minute read

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