Archive for July, 2003
8th Circuit ADA decision validates employer reliance on Dept. of Transportation (DOT) driver qualification requirements
In Harris v. P.A.M. Transp. (8th Cir. July 02, 2003), the employer relied on a doctor’s finding that a driver was not medically qualified.
The court held it could not reach the plaintiff’s ADA claim until he established he was physically qualified, which he could only do through the DOT procedures.
Since he [...]
Illinois Appellate Court upholds enforcement of noncompete against salesman; discusses standards for enforcement in sales context
Hanchett Paper Co. v. Melchiorre (June 27, 2003)
Key is “near-permanent” customer relationships.
“To determine whether an employer has a near-permanent relationship with its customers, Illinois courts consider the following factors:
‘(1) the length of time required to develop the clientele; (2) the amount of money invested to acquire clients; (3) the degree of difficulty [...]
Ill. App. Ct. decision confirms right of at-will employer to change compensation unilaterally; rejects retaliatory discharge claim
In Geary v. Telular Corp. (Ill. App. June 26, 2003), the court held the employer had the right to change unilaterally the plaintiff’s compensation plan for commissioned sales because plaintiff was an employee at-will. More broadly, the court stated: “When an employment agreement is terminable at will, it may be modified by the employer [...]
Overtime reform progresses in House
as reported by AP in Findlaw,
the House voted 213-210 on Thursday to defeat a Democratic effort to derail proposed regulations reforming overtime exemption rules, clearing the way for changes as early as the end of this year.
Ironically, but predictably, Big Labor opposes the reforms. AFL-CIO President John Sweeney said in a written statement: [...]
Fourth Circuit case shows that proactive equal employment opportunity policies can help employers avoid punitive damages
In Bryant v. Aiken Reg’l Med. Ctrs. (4th Cir. 06/27/03 - No. 02-2147, 02-2192), the court reversed a jury’s award of $210,000 in punitive damages in a failure to promote action based on racial and retaliatory conduct because the employer had “an extensively implemented organization-wide Equal Employment Opportunity Policy,” “a grievance policy encouraging employees to [...]
