Fair Labor Standards Act Collective Action
This was a collective action brought by a former server who worked at a large restaurant. She brought minimum wage and overtime claims against the restaurant and its owners based on allegations that servers were not paid overtime for hours worked over 40, the restaurant was improperly taking the “tip credit” against the required minimum wage when it was not entitled to do so, and the restaurant was making improper deductions from wages. Through proactive advice to change and retroactively remedy certain practices for all current employees, the opt-in plaintiffs were limited to eight former employees. We were able to negotiate a settlement of their claims on very favorable terms.
Obtaining summary judgment and successfully arguing on appeal the first disability discrimination case in the 11th Circuit involving an HIV-positive health care worker—establishing a pro-employer test for future cases. The plaintiff was backed by a well-funded special interest group that fought the case aggressively from the administrative agency to the U.S. Supreme Court.
Quarles & Brady obtained an emergency injunction restricting a former sales manager of a major international consumer products company from using or disclosing confidential information and trade secrets, and compelling production of all computer and electronic storage equipment, including that issued by the new employer. Following the employee's resignation to join a competitor, forensic examination of a company-issued laptop revealed that hours before, the employee had copied thousands of files to an external hard drive. When confronted, the employee turned over the hard drive and gave assurance that no further copies had been made. Forensic examination revealed additional downloading. Quarles & Brady sought and obtained an emergency injunction and recovered all intellectual property.
Arbitration and Summary Dismissal
Compelling arbitration and obtaining the summary dismissal, later upheld on appeal, of wrongful discharge claims by a former manager at a national insurance company who was terminated after what he contended was a shoddy investigation into workplace harassment allegations by a subordinate, with whom he had an extramarital affair, and her friends.
Quarles & Brady prevented the imposition of injunctive relief in a case brought by two terminated engineers who claimed that their former employer, an experimental biotechnology company, had falsified data and submissions to regulatory authorities in connection with their principal medical device, an ultrasonic heart catheter. The plaintiffs sought a restraining order four days before the commencement of human trials, the conduct of which were tied to important funding milestones. The case was briefed and successfully argued without delaying the clinical trials.
Dismissal of Wrongful Discharge
Quarles & Brady obtained dismissal of wrongful discharge claims brought against a national nursing home operator by a nurse who claimed that she was terminated after threatening to inform authorities of what she believed to have been the physical abuse of a resident.