Employment Dispute Decathlon

Employment Dispute Decathlon
Eric Jones
WrightJones, PLC
Jonesy Awards – Olympics Edition
Decathlon Events
The Long Jump
10. SEC Whistleblower Cases
10. SEC Whistleblower Cases
June 9, 2016: $17,000,000
From May 13-June 9: $26,000,000
Awards issued to the individual
whistleblowers
10%-30% of sanctions
10. SEC Whistleblower Cases
Dodd-Frank law violations:
Market Manipulation schemes
Insider Trading
Fictitious Sales
Money Laundering
Fraud (reporting; offering)
10. SEC Whistleblower Cases
Anti-Retaliation protection:
Employers may not fire, demote, suspend, threaten,
harass, or discriminate against an individual who
provides information to, or assists, the SEC
Remedies: reinstatement, back pay, damages, attorneys’
fees
Applies to internal reports (even before reporting to
SEC)(according to the Second Circuit Court of Appeals)
Decathlon Events
The Javelin
9. “Krystal C.” v. N.Y. Jets
Krystal C. was a member of the Flight Crew
9. “Krystal C.” v. N.Y. Jets
9. “Krystal C.” v. N.Y. Jets
 Flight Crew compensation:
$150 per game
$100 for special event appearance
 No reimbursement for expenses (transportation,
makeup, and mandatory hair-straightening)
 “Independent Contractors”
9. “Krystal C.” v. N.Y. Jets
$324,000
9. “Krystal C.” v. N.Y. Jets
“Lacy T” v. The Raiderettes: $1.2 Million
Tampa Bay Buccaneers: $825,000
Cincinnati Bengals – the “Ben-gals”: $255,000
Buffalo Bills – the “Buffalo Jills”: ?
9. “Krystal C.” v. N.Y. Jets
The Buffalo Jills celebrate a Judge’s ruling that they are Employees!
Decathlon Events
The Shot Put
8. U.S. DOL v. TriNet
- DOL audit to investigate wage and hour/overtime
- Found violations affecting 267 employees
- Awarded back-pay and civil penalties
8. U.S. DOL v. TriNet
Special Jonesy Bonus – the “Irony Award”
8. U.S. DOL v. TriNet
8. U.S. DOL v. TriNet
One Million Dollars!
8. U.S. DOL v. TriNet
 DOL audits have increased
 Overtime liability is a significant consequence of misclassification
Avis Budget Car Rental LLC -- $7.8 Million
Prosource Technologies (Hurricane Sandy disaster relief)
$1.135 Million
 Back-pay; liquidated damages; penalties/fines; attorneys’ fees
Decathlon Events
The Pole Vault
7. Uber
7. Uber
Uber drivers.
Are they:
a. Independent Contractors
or
b. Employees
7. Uber
$100,000,000.00!
(for 385,000 drivers)
7. Uber
Still awaiting judicial approval
A judge rejected a similar settlement
for 155,000 Lyft drivers
in the amount of 12,250,000.00
Decathlon Events
The discus
6. The NFL Concussion Case
6. The NFL Concussion Case
$1 Billion
With a “B”!
6. The NFL Concussion Case
 200 lawsuits consolidated for resolution
 Covers over 5,000 retired players
 Creates a fund and claims program to last
for the next 65 years
 Players eligible for up to 5 Million, depending
upon diagnoses and conditions
Decathlon Events
The High Jump
5. The GINA Case
5. The GINA Case

What is GINA?
 Protects
employees and applicants from
discrimination based on their genetic
information.
 Prohibits employers from using genetic
information in employment actions.

How would an employer get this information?
5. The GINA Case

Voluntary
 Overhearing
employee conversations
 Personal conversations

Involuntary

Wellness Plans
(sorry!)
(whoops!)
$2.2 Million!
Decathlon Events
Hurdles
4. EEOC v. Lowes
 Lowe’s had a maximum leave policy
 Allowed up to 180 days (later changed to 240 days)
12 weeks is 84 days
 Employees who exceeded the leave were administratively
separated
4. EEOC v. Lowes
8.6 Million!
1988 Jamaican Bob Sled Team
Jamaican Bob Sled Team
“Spirit” Award
Jamaican Bob Sled Team
“Spirit” Award
Second runner-up:
Judge Victor Bolden
The judge in Sawka v. ADP, Inc.
Jamaican Bob Sled Team
“Spirit” Award
First runner-up:
Rodney Jones
Jones v. Gulf Coast Health Care
of Delaware, LLC
Jamaican Bob Sled Team
“Spirit” Award
And the winner is…
Jamaican Bob Sled Team
“Spirit” Award
Pastafarians claim religious accommodations that include:
Permission to wear pirate regalia
Access to a “seaworthy vehicle”
Ability to treat Fridays as holy holidays
And…the right to wear a “colander of goodness” on their heads
Jamaican Bob Sled Team
“Spirit” Award
“Colanders of Goodness”
The Medal Ceremony
3. DFW Advisors LTD v. Ervin
“Before you sue me, take a look at yourself”
3. DFW Advisors LTD v. Ervin
 DFW fired its bookkeeper for embezzlement
 Approximately $400,000 over 4 years
 Payments to phony vendors, fictitious invoices, etc.
 In addition to firing the bookkeeper, DFW sued her.
3. DFW Advisors LTD v. Ervin
At trial, the President testified about the evidence showing
the embezzlement
Then the former-bookkeeper testified…
...and told her side of the story....
3. DFW Advisors LTD v. Ervin
2. Juarez v. AutoZone
Rosario Juarez was hired in 2000
In 2004, she was promoted to Store Manager
In 2005, she became pregnant
Her boss said “Congratulations, …I guess”
He added, “I feel sorry for you”
He then encouraged her to step down from managing the store,
because she couldn’t handle the job while pregnant
She was then demoted; eventualy fired
2. Juarez v. AutoZone
But wait, there’s more!
A former district manager testified that
he was criticized by senior management for
having so many women in management
positions in his district
And that he was told, “what are we running here, a boutique?
Get rid of those women.”
2. Juarez v. AutoZone
$186 Million jury verdict
1. EEOC v. Consol Energy, Inc.
Beverly Butcher worked at the coal mine for 35 years
In 2012, the mine announced a new policy requiring all employees
to clock in and out using a biometric hand scanner
Butcher objected
Because, …, well, ... the scanner could be used by the Antichrist to
collect personal information, and to identify his followers by revealing
the “mark of the beast”
Due to his fear of damnation from using the scanner, he requested
a religeous accommodation
1. EEOC v. Consol Energy, Inc.
The mine had a method to bypass the hand scanner for people
who were physically incapable of scanning their hands
But they denied this bypass method to Butcher
Instead, they gave him a copy of the progressive discipline policy,
and a reminder that he would be discharged after four missed
hand scans
Butcher quit, rather than use the scanner or face discipline
1. EEOC v. Consol Energy, Inc.
The jury awarded $150,000 in “compensatory damages”
The Court awarded $436,860.74 in back pay and front pay
With interest, costs, etc., ….
1. EEOC v. Consol Energy, Inc.
 Accommodations for sincerely held religious beliefs
 Constructive discharge
 Accommodations discussions, and the role of grievances under
a collective bargaining agreement.
Our Future Contestants?
Our Future Contestants?
Our Future Contestants?
Our Future Contestants?
Eric D. Jones
Attorney
WrightJones PLC
jones@wrightjoneslaw.com
www.wrightjoneslaw.com