Archives for February 2008
4th Circuit Decides Religious Accommodation Case
The Fourth Circuit Court of Appeals decided today, February 11, 2008, EEOC v. Firestone Fibers (062203.p)(published). The Fourth Circuit upheld summary judgment for the employer on the allegation that the employer failed to accommodate the employee’s religious beliefs. In ruling for the employer, the Court observed tha “[T]he failure [by Firestone] to achieve a total [...]
FLSA and Class Action Arbitration
Long John Silver’s Restaurants, Inc. v. Cole, et al (061259.p.pdf). The Fourth Circuit Court of Appeals, on January 28, 2008, affirmed the ruling of a district court declining to vacate an arbitration award where the arbitrator ruled that the opt-in provisions of the FLSA did not apply in the arbitration because the arbitration proceedings were [...]
Fourth Circuit Upholds Punitive Damage Award
See EEOC v. Federal Express Corporation d/b/a FedEx Express (061724.p.d). The Fourth Circuit Court of Appeals upheld $100,000 in punitive damages where the compensatory damages awarded were $8,000 for failure to reasonably accommodate under the Americans with Disability Act (ADA). The Court noted that there mere existence of a compliance policy alone was not sufficient [...]
