Internet darling Groupon has recently been sued by a former employee for allegedly violating federal overtime law under the Fair Labor Standards Act. The Fair Labor Standards Act sets the federal rules on minimum wage, overtime compensation for eligible employees and...
Month: September 2011
The need to have and review your long-term disability benefits plan
Today more employers are trimming long-term disability benefits and at the same time pushing the costs of long-term disability coverage to employees. The sea change in how the cost of long-term disability benefits coverage may go unrecognized by many employees because...
UNUM STOPPED FROM DENYING FIBROMYALGIA, CANCER and HEART DISEASE AS DISABILITIES
Our client, "SW", won her second decision against Unum today for Long-Term Disabiity (LTD) benefits. On appeal, we challenged the application of the self-reported symptoms limitation to her claim for LTD benefits. Unum's summary plan description ("SPD") made no...
For sick days some places move beyond FMLA
When you get sick, you probably want to take time off from work in order to recover faster and prevent your sickness from spreading. When it comes to a family member who gets sick especially children you want to help them do the same. The Family and Medical Leave Act...
How to double the interest rate on your LTD benefit award
In a long-term disability (LTD) benefits case, the district court has discretion to grant an award of prejudgment interest. Prejudgment interest has become a familiar remedy widely recognized by federal courts as a means to make a plaintiff whole against a...
Labor Department asks states to help enforce wage and hour violations
The United States Labor Department is asking state governments and the Internal Revenue Service to help it enforce wage and hour violations across the country. To help enforce wage and hour violations, the Labor Department is creating information sharing agreements...
Diabetic worker sues Walgreens for alleged Americans with Disabilities Act violation
The popular chain pharmacy and convenience store Walgreens has been sued by a former worker for an alleged violation of the Americans with Disabilities Act. The former employee is diabetic and the former worker claims that Walgreens violated the Americans with...
How much unemployment insurance will I receive?
I usually talk to more than a dozen unemployed callers on the phone each week about their unemployment insurance benefits. Perhaps the most common question I receive is about how long they will receive benefits and what amount they will receive. Weekly unemployment...
Woman fired after she donates kidney, FMLA may not apply
A 41-year-old woman took time away from her employer in order to donate one of her kidneys to her 22-year-old son. The woman believed she would be able to return to her job, but the company the woman worked for fired her for taking too much leave time. Unfortunately,...
Starbucks Settles Disability Discrimination Suit
I previously wrote about a lawsuit filed against Starbucks Coffee Company after it allegedly denied a reasonable accommodation to an employee disabled by dwarfism and fired her because of her small stature. Starbucks has since settled the EEOC disability...