Ruling May Expand FMLA Protection

Employment discrimination

Some companies assume they can ignore the Family and Medical Leave Act (FMLA) when it comes to employees who haven’t yet reached their anniversary dates. Yet that belief was directly overturned this month by the Eleventh Circuit, which covers Florida, Georgia, and Alabama. Pereda v. Brookdale Senior Living Communities, Inc. addressed the question of whether a first-year employee – in other words, a worker who had not yet reached eligibility for FMLA leave – had job protection when she … [Read more...]

AirTran Airways to Pay $1 Million in Back Wages & Damages for Firing Whistleblower

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The Labor Department’s Occupational Safety and Health Administration (OSHA) ordered AirTran Airways (ATA) to reinstate a pilot the company has fired in 2007 for reporting multiple mechanical concerns. OSHA is also requiring  ATA to pay its former employee over $1 million in back wages, plus interest and compensatory damages. Investigators working through OSHA's Whistleblower Protection Program determined that there was reasonable cause to believe that the pilot was terminated as an act of … [Read more...]

Whistleblower Alert: Retaliation Claim Victory for Wisconsin Worker

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The U.S. Equal Employment Opportunity Commission (EEOC) recently settled a lawsuit brought against a Wisconsin-based construction products firm.  The EEOC filed the suit against Richardson Industries of Sheboygan (working as Richco Structures) when an employee, Morgan Rae Brocker, charged that she was fired in retaliation for reporting sexual harassment by a supervisor suffered at a company Christmas party in 2005. Such an action violates he Civil Rights Act of 1964, which, among other … [Read more...]

Urgent: OSHA Fines Railway For Suspending Seattle Worker Who Reported Injury

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When reporting an injury and pursuing workers’ compensation, employees often encounter some obstacles in receiving their lawful benefit.  The last thing that should be on an employee’s mind is fear that their report of sustaining an injury should lead to any kind of retaliation. The Occupational Safety and Health Administration sent a strong message to employers that such behavior will not be tolerated when they fined a Seattle area company $300,000 for suspending a woman without pay for … [Read more...]

Whistle-blower Victory: Workers Win Anti-Retaliation Claim

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A Philadelphia Electrical Company will pay a total of $150,000 in benefits and lost wages to workers who claim they were laid off in retaliation for brining attention to a dangerous work environment. The electricians were union members working for Hyde Electric working at Martin Luther King High School to replace the fire alarm system in 2008.  While Hyde Electric is paying the $150,000 settlement, the company disagrees with the Occupational Safety and Health Administration’s ruling for … [Read more...]


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