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No, the ADA Does Not Require an Employer to Allow an Employee to Wear Flip Flops to Work

No, the ADA Does Not Require an Employer to Allow an Employee to Wear Flip Flops to Work

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The Americans With Disabilities Act (ADA) allows a person with a disability to request a reasonable accommodation from his/her employer that will allow him/her to perform his/her job. However, the ADA does not require an employer to give an employee the exact accommodation that the employee wants; rather, the ADA requires the employee and employer to work t…
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How Workplace Drama Can Turn into a Retaliation Action

How Workplace Drama Can Turn into a Retaliation Action

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We always tell our clients that timing is the key to the success or failure of a retaliation action. The shorter the proximity of time between the protected conduct and subsequent action against the employee who engaged in the protected conduct, the more likely it is that the case is not going to be resolved on a motion for summary judgment.
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emotional face eggs, indoors

Six Federal Circuits Now Allow Recovery of Emotional Distress Damages in FLSA Retaliation Cases

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In a case of first impression, this week, the Fifth Circuit Court of Appeals held that workers claiming retaliation for funder the Fair Labor Standards Act (FLSA) may recover damages for emotional distress, in addition to the other damages available under the FLSA. (Pineda v. JTCH Apartments, LLC, 5th Cir., No. 15-10932, 12/19/16). The Fifth Circuit joined…
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