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METHUEN, Mass. (February 25, 2008)
WHO:
Christopher Vrountas, Chair of the Employment Practice Group at Nelson, Kinder, Mosseau & Saturley, P.C.
Leonard Zamansky, of the Employment Counseling and Litigation
Group at Nelson, Kinder, Mosseau & Saturley, P.C.
WHAT:
U.S. Supreme Court and Department of Labor Updates
WHEN:
March 13, 2008 at 2:00 p.m. Eastern Time
WHERE:
This is an online event.
Click here to register.
DETAILS:
Join Chris Vrountas and Len Zamansky, of Nelson, Kinder, Mosseau & Saturley, P.C., as they present an update on two employment cases currently before the U.S. Supreme Court, as well as an update on FMLA regulations currently being revised by the U.S. Labor Department. Attend this webinar to learn how these cases may impact your organization's policies and procedures. Areas to be covered include:
Who must prove what is reasonable? That is the question the Supreme Court will decide shortly.
The Supreme Court will soon consider whether it is the employer who must prove the reasonableness of criteria used to evaluate employees when selecting whom to lay off, or whether the employee must prove lack of reasonableness, in a case brought under the Age Discrimination in Employment Act (ADEA). Laid-off former employees of a federal research laboratory who were all over the age of 40 won their ADEA case in a jury trial, but the Second Circuit overturned the verdict on the ground that the employees failed to carry their burden of showing that the evaluation system was unreasonable. The employees will argue to the Supreme Court that the burden is actually on the employer to prove the reasonableness of its actions.
Meacham v. Knolls Atomic Power Laboratory, No. 06-1505.
Complainers are protected, but their witnesses might not be under Title VII.
A payroll coordinator employed by the City of Nashville was fired after answering questions about her supervisor's behavior, which she characterized as harassment, during the course of an office investigation commenced in response to her coworkers' complaints. The payroll coordinator sued for retaliation, but the Sixth Circuit rejected her claim and ruled that protection from retaliation is available only to employees who have themselves initiated a complaint or made a formal charge with the EEOC. The former employee now has a date to argue otherwise with the United States Supreme Court.
Crawford v. Metropolitan Government of Nashville, No. 06-1595.
FMLA Changes Coming Soon.
The U.S. Labor
Department is rewriting its FMLA regulations, which currently allow
workers to take up to 12 weeks of unpaid leave per year to deal with
medical or family issues. The DOL now seeks to end the current practice
where workers can be absent for two days prior to making an FMLA request.
In a separate development, Congress recently passed legislation extending
FMLA leave to wounded veterans and families of reservists called up
for duty. Attend this webinar to learn more.
About Our Presenters:
Christopher Vrountas
Christopher Vrountas leads the Employment Practice Group for Nelson, Kinder, Mosseau & Saturley, P.C. The firm has offices in Boston, Manchester and Portland, serving local and national clients across the country in litigation and commercial matters of all sorts. Mr. Vrountas represents a number of local companies as well as national and international businesses in matters involving employment discrimination and wage claims, covenants not to compete, intellectual property matters, and other business disputes. He has appeared before various state and federal civil rights commissions nationally and has tried employment and commercial matters on behalf of employers in both state and federal courts. He is a frequent speaker on employment law issues.
Leonard D. Zamansky, Esq.
Len Zamansky has extensive litigation experience as a result of his work for several Boston-area firms. His areas of familiarity include employment law, construction disputes, insurance coverage, consumer protection, product liability, and various types of personal injury. At Nelson, Kinder, Mosseau & Saturley, P.C., Len works with the Employment Counseling and Litigation Group. Away from the office, he enjoys spending time with his wife and two young sons, and playing the guitar and piano. My Zamansky attended Northeastern University (B.S. in Business Administration, 1990) and Northeastern University School of Law (J.D., 1995); he is admitted to the Bars in Massachusetts and New Hampshire.
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