EEOC’s Suit Against Florida-Based Transportation and Logistics Company May Interest Employers Nationally

The Equal Employment Opportunity Commission (“EEOC”) recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act (“ADA”) by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by a service dog while […]

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What Is “Race” Under Title VII’s Prohibition Against Racial Discrimination?

Is race one’s inherited biological and anthropological characteristics? Or, is race one’s cultural traits and social construct? Or, is race merely an idea? To decide whether Title VII’s prohibition against racial discrimination is violated by refusing employment to a candidate who wears dreadlocks, the Eleventh Circuit had to decide what constitutes race.  In EEOC v. […]

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Revised FLSA Exemption Rule Which Was to Take Effect December 1, 2016 Blocked Nationwide

The Department of Labor’s (“DOL”) 2016 revisions to the rule determining exemptions from the Fair Labor Standards Act (“FLSA”) were blocked nationwide by a Texas federal district court (“District Court”) on November 22, 2016. The revisions, which were to take effect December 1, 2016, required an employee classified as exempt to be paid at least […]

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U.S. Eleventh Circuit: Job Applicants May Not Sue for Disparate Impact Under the Age Discrimination in Employment Act

In the widely anticipated decision in Villarreal v. R.J. Reynolds Tobacco Co., the United States Court of Appeals for the Eleventh Circuit held that 29 U.S.C. §623(a)(2), the disparate impact provision of the Age Discrimination in Employment Act (“ADEA”), does not apply to job applicants.[1]  Spanning seventy-six pages, the 8-3 en banc decision produced two […]

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Vacated for Rehearing En Banc: Whether Job Applicants Can Sue for Disparate Impact Under Age Discrimination in Employment Act Will Be Reheard by Full Eleventh Circuit

As reported in an earlier blog, in Villarreal v. R.J. Reynolds Tobacco Co, a majority of a three-judge panel of the Eleventh Circuit Court of Appeals held that under §623(a)(2) of the Age Discrimination in Employment Act (ADEA), job applicants can sue prospective employers for disparate impact.[1]  This was the first time the question had […]

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How Dare Employees Sue for Overtime Pay When Their Misconduct Damaged Us by Much More? Two Recent Decisions in Florida Provide Guidance Regarding Employer Counterclaims in Employee FLSA Lawsuits

Two recent decisions by the United States District Court for the Southern District of Florida (the “Court” or “S.D. Fla.”) discuss whether an employer may reduce or preclude employee recovery of unpaid wages under the Fair Labor Standards Act (“FLSA”) through an affirmative defense and a counterclaim asserting employee theft, fraud, other misconduct, or breach […]

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