Labor and Employment Law

Recent Posts

HELP WANTED: Seeking Senior VP of Sales, ideally 45-52 years old. Wait, WHAT?!?
Posted on 17 Aug 2015 by Eric Meyer

I was going to blame the tardiness of today’s post on technical difficulties. Except, the only thing that was technically difficult about it was trying to muster the energy to blog last night after spending four hours in the sun with my 6-year-old... Read More

Jury Awards $1.5M+ Against IBM in Age Discrimination Case After Faulty Internal Investigation Precluded from Evidence
Posted on 4 Feb 2014 by Lorene Schaefer

A federal jury in Connecticut returned a unanimous verdict awarding a total of $1,499,891.70 to a man terminated by IBM when he was 61 years old. The jury also found that IBM “knew or showed reckless disregard for whether its termination of [the... Read More

6 Keys to Having Your Age Discrimination Release Hold up in Court
Posted on 27 Sep 2013 by Eric Meyer

You're about to have a reduction in force and you're going to offer a severance package to those effected: one week of salary for every year of service in exchange of a full release of all claims. If one or more employees affected by the reduction... Read More

U.S. High Court Hears Arguments in Government Worker’s Age Bias Appeal
Posted on 7 Oct 2013 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) The U.S. Congress never intended, when it extended age bias administrative and judicial procedures and remedies to government employees, to permit state and municipal workers to “frustrate this regime or... Read More

U.S. Supreme Court Agrees to Hear Government Workers’ Age Bias Appeal
Posted on 18 Mar 2013 by Bajeerah LaCava

WASHINGTON, D.C. - The U.S. Supreme Court this morning agreed to hear the appeal of a Seventh Circuit U.S. Court of Appeals ruling that state and local government employees may bring age discrimination claims directly under the Equal Protection Clause... Read More

Why people hate lawyers
Posted on 24 Aug 2011 by Jon Hyman

Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing will look unflattering on your over-40-year-old body. Do you... 1. Look for a different job? 2. Apply anyway... Read More

The Pharmacist Who Refused to Give Flu Shots Lost His Age Discrimination Claim
Posted on 25 Feb 2015 by Eric Meyer

In a world , where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave , comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight... Read More

Fired for a Mouth Full of Coffee? That’s a New One. Or, Maybe, Age Discrimination.
Posted on 13 Oct 2015 by Eric Meyer

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania . But then, at Wrestlemania XXX , the streak ended . ... Read More

It's tough to prove age bias after getting caught sleeping on the job
Posted on 17 Jul 2012 by Eric Meyer

I was reading this Third Circuit decision yesterday about an employee who got demoted for sleeping on the job, and all I could think of was Homer Simpson . For not unlike Homer J., a nuclear safety technician, this employee was responsible for monitoring... Read More

Employment Litigation Lottery: IBM Steps Away
Posted on 16 May 2014 by Robin Shea

Is IBM crazy, or just crazy like a fox? Bloomberg BNA reported this week that IBM has stopped providing the “disclosures” required by the Older Workers Benefit Protection Act when it hands out severance packages. As you know, when an... Read More

Beware the Digital Immigrant
Posted on 11 May 2015 by John Holmquist

Fortune Magazine has an interesting article concerning how employers are using a term-- digital native-- in hiring which could be construed as a preference for younger applicants much the way that "new grad" was used in the past. In 2001, Marc... Read More

Sleeping at Work Probably Won't Help Plaintiff's Discrimination Claim
Posted on 23 Jul 2012 by Philip Miles

Last week, the Third Circuit released its opinion in Vasbinder v. Dept. of Veterans Affairs (opinion here) .The plaintiff was a boiler plant operator, responsible for continuously monitoring the plant's equipment to prevent malfunctions that could... Read More

Age Bias Not Enough to Prevail Under ADEA
Posted on 6 Mar 2014 by Lee Berlik

The Age Discrimination in Employment Act ("ADEA") prohibits an employer from discriminating against an employee on the basis of age. To prevail on an ADEA claim , it is not enough to show that a supervisor was biased against older employees... Read More

Age Discrimination: New Wrinkles on the Face of an Old Law
Posted on 7 Nov 2014 by LexisNexis Legal Newsroom Staff

The gist of the Age Discrimination in Employment Act of 1967 (ADEA), while chockablock with numerous and sundry nuanced provisions, remains alive and kicking: “Bosses can’t fire Grandpa for being old.” While the essence survives,... Read More