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Tennessee and Sixth Circuit Appellate Update: Fall 2017

Tennessee and Sixth Circuit Appellate Update: Fall 2017

by travisadmin | Feb 4, 2018 | ADEA, FLSA, FMLA, Non-Competition Agreements, Title VII

This year, I’m beginning a feature on my website which provides a quarterly employment law update of appellate decisions in Tennessee and the Sixth Circuit. As there will be several cases posted in this update each calendar quarter, I’ve tried to be brief...
Sixth Circuit Reverses FMLA Summary Judgment Under Cat’s Paw Theory, Trumps Honest Belief Rule

Sixth Circuit Reverses FMLA Summary Judgment Under Cat’s Paw Theory, Trumps Honest Belief Rule

by travisadmin | May 1, 2017 | FMLA

In Marshall v. The Rawlings Company, 2017 WL 1404185 (6th Cir. April 20, 2017), the Sixth Circuit, in a split panel, reversed a district court summary judgment for the employer. In this case, Marshall worked as an analyst and then Team Lead for the defendant, which...
Second Circuit Reverses FMLA Summary Judgment on Loco Parentis Issue

Second Circuit Reverses FMLA Summary Judgment on Loco Parentis Issue

by travisadmin | Feb 28, 2017 | FMLA

In Coutard v. Municipal Credit Union, 2017 WL 526060 (2nd Cir. Feb. 9, 2017), Coutard appealed the trial court’s dismissal of his complaint that alleged his former employer interfered with and denied his rights under the Family and Medical Leave Act (FMLA) to...
Second Circuit Reverses FMLA Summary Judgment on Loco Parentis Issue

Ignorance is Bliss in FMLA Retaliation Case, First Circuit Says

by travisadmin | Jan 12, 2017 | FMLA

In Chase v. United States Postal Service, 2016 WL 7228809 (1st Cir. December 14, 2016), the First Circuit affirmed summary judgment for the defendant in a case alleging retaliation under the FMLA. The facts giving rise to the case arose in July 2010 when the employee...
Second Circuit Reverses FMLA Summary Judgment on Loco Parentis Issue

FLSA Personal Staff Exemption Applicable to Deputy Court Clerk under FMLA, Sixth Circuit Says

by travisadmin | Dec 6, 2016 | FLSA, FMLA

In West v. Wayne County, Michigan and Cathy Garrett, 2016 WL 6994226 (6th Cir., November 30, 2016), the plaintiff West served as Chief of Staff and Chief Deputy Clerk for Cathy Garrett, the elected County Clerk for Wayne County, Michigan. In October 2013 and...
Demoted UPS Supervisor Fails on All Claims in Sixth Circuit

Demoted UPS Supervisor Fails on All Claims in Sixth Circuit

by travisadmin | Nov 8, 2016 | ADA, ADEA, FMLA, Title VII

An African-American UPS Supervisor who asserted claims under Title VII, ADEA, ADA and FMLA failed on all claims in a recent decision from the Sixth Circuit. In Tennial v. United Parcel Service, Inc., 2016 WL 6156315 (6th Cir., October 24, 2016), Tennial had served in...
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