Here are the best employment law reads for Wednesday, August 13, 2014. Enjoy.
- Harassment in Science, Replicated Christie Aschwanden, writing in the Aug 11th New York Times covers a new study published last month in the online journal PLOS One, which found that two thirds of all female scientists face sexual harassment at their workplace and more than 20 percent reported being sexually assaulted. The data also showed a disturbing bias against women in academia, leading many women to leave the field. Hat Tip: Richard B. Cohen
- Failing to Deliver FMLA Notice Creates Fact Issue for Jury on FMLA Claim - A Third Circuit opinion issued August 5, 2014 holds that an employer does not satisfy the notice requirements under the FMLA by simply alleging in a summary judgment motion that it gave notice to an employee if the employee never received the notice. The employee's denial or receipt overcomes any "presumption of receipt" and places the burden where it should be - on the employer - to establish that it actually complied with the notice requirement. Hat Tip: Michael Soltis
- Court Refuses to Approve Settlement in High-Tech Workplace Antitrust Class Action Case - In a decision issued on August 8, 2014, Judge Lucy Koh of the U.S. District Court for the Northern District of California rejected the parties’ $324.5 million proposed class action settlement as inadequate and denied the Plaintiffs’ motion for preliminary approval in In Re High-Tech Employee Antitrust Litigation, 11-CV-0250, 2014 U.S. Dist. LEXIS 110064 (N.D. Cal. Aug. 8, 2014). This is the anti-trust case against Apple, Google and others alleging collusion between employers through an agreement not to poach each others' employees. Reason Settlement Rejected by the Court: The $324.5 million offer is insufficient. Hat Tip: Workplace Class Action Blog