Category Archives: Employee Rights
A Brief Overview of the New Dodd-Frank CEO Pay Ratio Disclosure Rules
On August 5, the Securities and Exchange Commission (SEC) officially approved what has been called the “CEO pay ratio disclosure rule” under the Dodd-Frank Act. This new rule will require the majority of publicly traded companies to openly disclose how much their CEOs make in relation to the median income of the company’s other employees. […]
New OSHA Directive to Help Resolve Whistleblower Complaints Early
The Occupational Safety and Health Administration (OSHA) issued a number of new procedures and policies August 19, outlining how a new process will be established to resolve whistleblower disputes more efficiently. The goal is to get whistleblower complaints resolved early on and to spend less time in court with each action. This process is being […]
Watch Out for Drastically Increased Overtime Expenses
A recent proposal from the U.S. Department of Labor would double the minimum salary for the overtime exemption for white collar workers, but would still keep the same complicated duties test in place. As a result, liability for any incidents of misclassification could become significantly more expensive. At this time, salaried employees must make a […]
Whistleblower Alleges Discrimination, Claims Morbid Obesity is Legal Disability
The Eighth Circuit may reopen the 2013 case of a Kansas man who alleges the BNSF Railway Co. revoked his job offer because he was obese. The man, Melvin A. Morriss III, asserts that per the Americans with Disabilities Act, morbid obesity is a disability and that BNSF’s action was discrimination. Morriss claims his obesity […]
IRS, Former Employees Oppose Liberty Medical Bankruptcy Plan
On June 10, the Internal Revenue Service (IRS) alleged that the proposed Chapter 11 liquidation plan of Liberty Medical Supply Inc. restricts the federal agency’s rights to recover funds it is owed. Former employees of Liberty Medical, a provider of supplies for diabetics, have also criticized the plan, which they claim would allow the company […]
Whistleblower Retaliation Protections Upheld in Sixth Circuit
The Sixth Circuit of Appeals confirmed financial planner Michael Rhinehimer’s $250,000 award in his lawsuit against his former employer, U.S. Bancorp, for retaliation against a complaint. Through affirming Rhinehimer’s case, the Sixth Circuit has upheld Section 1514A of the Sarbanes-Oxley Act, which allows a whistleblower to act and be protected if the individual has reasonable […]
Hodgson Russ to Continue Involvement in Sexual Harassment Suit
A U.S. Magistrate, Judge Leslie G. Foschio, decided on June 10 that Hodgson Russ LLP would continue to be allowed to defend New York charter bus company, Carrier Coach Inc., and the company’s owner against accusations of sexual harassment. A Carrier Coach Inc. employee, Jessica Grundstrom, had protested the firm’s involvement in the lawsuit, alleging […]
President Obama Proposes Major Changes to Overtime
President Barack Obama recently proposed raising the threshold for overtime salary to $50,400 in an op-ed he penned for the Huffington Post. Currently, the threshold is less than half that amount — set at $23,660 per year. That amount is currently below what is considered to be the poverty line for a family of four. […]
Whistleblower Awarded $80,000 in Punitive Damages
A recent case, Peasley v. Regis Corporation, resulted in a jury awarding $80,000 in punitive damages to the plaintiff, a hair stylist named Valerie Peasley. The claim was filed under the Maine Whistleblower Protection Act. Peasley says she reported to the manager of her salon that some of her coworkers had been selling and using […]
Fourth Circuit Ruling Makes Retaliation Claims Harder to Dismiss
Reya C. Boyer-Liberto, a cocktail waitress, recently filed a lawsuit against the Maryland hotel she worked at, claiming she was fired after complaining about people using racial slurs against her. The defendant, the Fontainebleau Corporation, originally won the case by summary judgment, but the Fourth Circuit Court reviewed the case and found that should instead […]
