Vindication for Forever Living in FMLA lawsuit
November 17, 2013
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On Thursday, November 14, 2013 a unanimous federal jury returned a verdict in favor of BurnsBarton client Forever Living Products International, in a trial testing the notice requirements of the federal Family and Medical Leave Act ("FMLA"). Plaintiff Mary Clare Peak was discharged i
Continue Reading →Success for Barnet Dulaney Perkins Eye Center
October 09, 2013
On September 26, 2013 a jury returned a verdict in favor of BurnsBarton client Barnet Dulaney Perkins Eye Center, PLC, in a hotly contested breach of contract and unpaid wage lawsuit brought by founding member Ronald Barnet, M.D. Dr. Barnet retired from the practice in 2011 but sued
Continue Reading →Supreme Court Raises Bar for Proving Retaliation
June 25, 2013
In a decision favoring employers, the Supreme Court split 5-4 on the issue of which causation standard should apply to Title VII retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, Justice Kennedy wrote for the majority, which held that claimants in reta
Continue Reading →Successful Trial for BurnsBarton
May 23, 2013
On May 23, 2013, a jury of 8 ruled in favor of United Parcel Service in a case defended by attorneys C. Christine Burns and David T. Barton. The plaintiff, a current UPS employee, alleged that UPS retaliated against him because he filed a charge of discrimination under the Americans w
Continue Reading →Comcast Decision May Help Employers Fend Off Class Action Claims
On March 27, 2013 the U.S. Supreme Court rendered its decision in Comcast Corporation v. Behrend, a decision that gives employers another weapon to defeat class certification. The Comcast class action was brought by cable television subscribers who alleged that Comcast engaged in unl
Continue Reading →Phoenix Bans Sexual Orientation Discrimination in the Workplace
March 05, 2013
On Tuesday, the Phoenix City Council voted 5-3 to pass an amended ordinance prohibiting discrimination based on "sexual orientation," "gender identity or expression," and "disability." For private employers, this change in the law means they risk criminal penalties if they are found t
Continue Reading →FMLA Coverage Expanded for “Sons or Daughters” with Disabilities.
February 14, 2013
In January 2013, the Department of Labor clarified its definition of "son or daughter." Now eligible employees may take leave under the Family and Medical Leave Act to care for an adult child who is incapable of self-care because of a mental or physical disability, regardless of how
Continue Reading →New Minimum Wage Rates for a New Year
December 27, 2012
The minimum wage will change on January 1, 2013 in several states and some municipalities. Where local minimum wage laws exceed the federal minimum wage, employers must follow the local law. In addition, most of these local laws require the employer to provide notice of the law. Conta
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