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Employment Law

Private duty nurse recovers unpaid wages plus fees (access required)

A private duty nurse who sued her employer for violations under the Fair Labor Standards Act was awarded $20,910.75 for unpaid wages, an equal amount for liquidated damages plus attorney’s fees and costs. Background Only Choice employed therapists, medical social ...

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Union’s actions regarding trustees not a violation of trust or ERISA (access required)

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

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Officer waited too long to assert Rehab Act claims (access required)

The dismissal of a parole officer’s discrimination claims was upheld, because they were filed under the Rehabilitation Act, which is governed by the two-year statute of limitations in the Maryland Fair Employment Practices Act rather than Maryland’s three-year statute of ...

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Denial of overtime could be adverse employment action (access required)

A woman’s loss of an opportunity to earn overtime, which was a significant portion of her earnings, could be an adverse employment action sufficient to support a claim for retaliation, and her hostile work environment and retaliation suit is remanded. ...

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Decision to terminate woman’s employment backed by law (access required)

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

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Refusal to hire hearing-impaired applicant not ADA violation (access required)

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

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Removal from government contract was not religious discrimination (access required)

The court granted defendant’s motion for summary judgment on the plaintiff’s religious discrimination claims because there was no evidence the defendant’s conduct was because of the plaintiff’s religion. Background Ann Bender was an employee of a private corporation (SAVA), working ...

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Company can pursue ex-employee for retained property, trade secrets (access required)

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

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