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BT Currents - Hot Topics in Employment Law

22 May Alabama Court Rejects Request for Sanctions Arising From “Missing” Personnel Documents That Would Not Have Altered Outcome of Case

The Northern District of Alabama recently rejected a plaintiff’s request for sanctions against her former employer, Logan’s Roadhouse, arising in relation to the contents of personnel files.  The ruling stems from a case in which a former Assistant Manager claimed the restaurant had violated Title VII of the Civil Rights Act of 1964 by failing to promote her and then terminating her employment due to her sex or alleged past complaints of gender discrimination/harassment.  The plaintiff further alleged that she had been paid unequally due…

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22 May Entertainers, Facebook Messages and the Work-Product Doctrine?

A federal district court in New York recently ruled that Facebook messages sent by plaintiffs in anticipation of litigation were eligible for qualified protection under the “work-product” doctrine (meaning they would be shielded from disclosure). Plaintiffs were former entertainers at the Penthouse Executive Club, and brought a collective action alleging the defendants failed to pay minimum wages and overtime compensation. The messages, sent to potential class members, reflected conversations with plaintiffs’ counsel regarding litigation strategy. The communications also included responses to specific questions about the lawsuit. However, reply messages from nonparties…

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