Employer Liability: Timing Is Everything: Gender Bias Claims Iced By Employer’s Records

Employer Liability: Timing Is Everything: Gender Bias Claims Iced By Employer’s Records

In Bonilla-Ramirez v. MVM, Inc., the U.S. Court of Appeals for the 1st Circuit recently ruled that an employer didn’t discriminate against an employee based on gender or illegally retaliate against her when it terminated her for violating its standards of conduct. The 1st Circuit focused on whether the employer had a legitimate reason for terminating the employee and on the timing of the employee’s complaints.

Litigation: Differing decisions illustrate disability discrimination pleading requirements

In June 2018, Chief Judge William E. Smith of the U.S. District Court for the District of Rhode Island dismissed an employee’s disability discrimination complaint for failing to adequately allege that she had a disability. Less than two months later, Judge John J. McConnell (of the same court) denied an employer’s motion to dismiss that made the same argument.

Arbitration Agreements: Does continued employment compel arbitration? RI Judges are split.

Arbitration Agreements: Does continued employment compel arbitration? RI Judges are split.
Continued employment is sufficient to enforce a new arbitration agreement between an employer and an employee, a judge in the U.S. District Court for the District of Rhode Island recently ruled, disagreeing with another Rhode Island district judge. Because an arbitration agreement’s validity is a question of state contract law, the issue of enforceability based on continued employment is one the Rhode Island Supreme Court ultimately must decide.

Employer Liability: Cleaning Up the Joint Employer Doctrine: Wage Violation Liability

The U.S. District Court for the District of Rhode Island recently ruled that a cleaning company that subcontracted work to other cleaning companies wasn’t a joint employer for one of its subcontractors. The district court focused on the economic reality test for determining liability under the federal Fair Labor Standards Act (FLSA) and the Rhode Island Minimum Wage Act (RIMWA) and found that the company wasn’t liable.

DISCLAIMER: This website and its contents were prepared by Whelan Corrente (“the Firm”) for informational purposes only and do not constitute or contain legal advice. In some jurisdictions the content on our site may be considered advertising under various states’ ethics rules, and the information on the website is not a substitute for professional consultation or advice.

While we invite you to contact us and welcome your phone calls, letters, or electronic communications, simply contacting us does not create an attorney-client relationship and any information that you may send to any individual at the Firm will not be considered confidential or protected by the attorney-client privilege unless an attorney-client relationship has been established via a written letter signed by all parties.

The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.