King & Ballow

Office birthday party costs employer $450,000

birthday napkins

An employee filed a lawsuit against his employer after his employer terminated him for his reaction to a surprise birthday party in his honor.  The employee claimed that he was unlawfully discriminated against based on a disability, and that the employer failed to accommodate his disability and retaliated against him.  After a trial, the jury in Kentucky awarded him $450,000.

Background

Prior to his birthday, the employee asked his employer if they could skip the festivities that year, due to his...

https://www.freightwaves.com/news/office-birthday-party-costs-employer-450000

Viewpoint: Supreme Court’s decision to halt OSHA vaccine or test mandate a win for employers

On Jan. 13, the Supreme Court of the United States stayed OSHA’s Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to implement a mandatory vaccination policy for their employees or have unvaccinated employees submit to weekly COVID-19 testing and wear a mask at work.  The ETS went into effect on Jan. 10, 2022, but the ruling immediately stops enforcement of the ETS.  

Background

On Nov. 4, 2021, following direction by the Biden Administration, OSHA issued an ETS...

https://www.freightwaves.com/news/viewpoint-supreme-courts-decision-to-halt-osha-vaccine-or-test-mandate-a-win-for-employers

Commentary: A multimillion-dollar cautionary tale of diversity programs

An employee filed a lawsuit against his employer under Title VII of the Civil Rights Act of 1964 alleging that he and seven other white male executives were fired as part of the employer’s “diversity” push.  A jury of his peers found that he was terminated based on his race and sex.  The jury awarded him $10 million in punitive damages, with a hearing set for a later date to determine back pay, front pay/reinstatement, attorneys’ fees, and other damages.

Background

The employee had been employed...

https://www.freightwaves.com/news/commentary-multi-million-dollar-cautionary-tale-of-diversity-programs

OSHA delays enforcement of revived vaccination or weekly testing mandate

Readers will recall that we recently wrote about President Biden’s vaccine mandate which took shape in the form of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA). Although enforcement of the ETS was halted by the federal Fifth Circuit Court of Appeals, the federal Sixth Circuit Court of Appeals recently revived the ETS, allowing it to go into effect.  In response to the Sixth Circuit’s ruling, OSHA has delayed the deadlines for...

https://www.freightwaves.com/news/osha-delays-enforcement-of-revived-vaccination-or-weekly-testing-mandate

Viewpoint: Paid suspensions are not adverse employment actions, court rules

An employee, suspended with pay while the employer investigated alleged misconduct, filed a lawsuit against the employer alleging discrimination. The federal 11th Circuit Court of Appeals (which has jurisdiction over Florida, Alabama, and Georgia) was tasked with determining whether the suspension was enough to constitute racial discrimination.

Background

The employee had been serving as an executive director for a nonprofit since 2016. The executive committee voted to suspend the employee, with...

https://www.freightwaves.com/news/paid-suspensions-are-not-adverse-employment-actions-court-rules

Commentary: Tennessee Supreme Court affirms decision blocking businesses from damaged goods claims

The Tennessee Supreme Court recently affirmed a Tennessee Court of Appeal’s decision that a corporation may not assert a damaged goods claim under the Tennessee Consumer Protection Act (TCPA). The Tennessee Supreme Court based its decision on a matter of statutory interpretation that a corporation is not a “person” and that equipment purchased for a commercial purpose are not “goods” within the meaning of the TCPA.

Background

The main parties to the lawsuit were a logistics company and a...

https://www.freightwaves.com/news/commentary-tennessee-supreme-court-affirms-decision-blocking-businesses-from-damaged-goods-claims

Biden’s OSHA vaccination mandate explained

President Biden’s vaccine mandate has taken shape in the form of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA). On Nov. 4, 2021, following direction by the Biden administration, OSHA issued an ETS requiring employers with 100 or more employees to implement a mandatory vaccination policy for their employees or have unvaccinated employees submit to weekly COVID-19 testing and wear a mask at work. On Nov. 5, 2012, one day after OSHA...

https://www.freightwaves.com/news/bidens-osha-vaccination-mandate-explained

Account executive trainees seek FLSA class certification in wage suit against freight broker

A group of account executive trainees at a freight brokerage company with facilities across the United States are seeking conditional class certification in a Fair Labor Standards Act (FLSA) lawsuit against their employer.  The lawsuit alleges that the employees were not paid for all hours worked.   

Background

The employer, a freight brokerage company, classified account executive trainees (employees) as exempt from overtime and paid them a regular biweekly salary. The employees filed a lawsuit...

https://www.freightwaves.com/news/account-executive-trainees-seek-flsa-class-certification-in-wage-suit-against-freight-broker

An employer’s ‘honest belief’ and good recordkeeping helps it win pregnancy discrimination lawsuit

The United States Court of Appeals for the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently considered the question of whether a former employee could prove that her firing was connected to her pregnancy, which would support a claim for pregnancy discrimination under the Tennessee Human Rights Act. The Sixth Circuit ruled for the employer, holding that the employer believed that the employee fraudulently filled out office paperwork and finding that...

https://www.freightwaves.com/news/an-employers-honest-belief-and-good-recordkeeping-helps-it-win-pregnancy-discrimination-lawsuit

Appellate court affirms harassment and retaliation ruling against trucking company

The United States Court of Appeals for the Sixth Circuit (which oversees Tennessee, Kentucky, Ohio, and Michigan) recently addressed a trucking company’s liability when an employee sued alleging sexual harassment by the driver trainer, after being terminated. The Sixth Circuit upheld the lower court’s decision against the trucking company finding the trucking company liable for the $150,000 jury verdict.

Background

A trucking company (“company”) hired a female truck driver who did not yet have...

https://www.freightwaves.com/news/appellate-court-affirms-harassment-and-retaliation-ruling-against-trucking-company