Minia Bremenstul
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On May 24, 2017, the Louisiana Senate Finance Committee voted 7-3 against Senate Bill No. 153, which aimed to increase the state minimum wage to $8.00 per hour in 2018 and to $8.50 per hour in 2019. The bill also would have required the state minimum wage to be raised to match any increase to … Continue Reading
On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court erred by refusing to instruct the jury on the availability of emotional distress damages for an employee’s retaliation claim. In so … Continue Reading
In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into … Continue Reading
On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of the litigation—even prior to deciding conditional certification in FLSA collective actions. Reyna builds upon the Fifth … Continue Reading
Louisiana Minimum Wage Increase Fails in Senate
By Minia Bremenstul and Nicole Eichberger on Posted in Wage and Hour
Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits
By Minia Bremenstul and Nicole Eichberger on Posted in Discrimination, Harassment and Retaliation, Wage and Hour
Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment
By Minia Bremenstul and Nicole Eichberger on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
By Minia Bremenstul and Nicole Eichberger on Posted in Class/Collective Action, Litigation and Arbitration, Wage and Hour
