Tuesday, August 5th, 2008

9th Cir: ADA Doesn’t Require Pre-litigation Demand

The 9th Circuit this morning held that a District Court erred when it reduced a successful plaintiff’s fee award because he hadn’t made a pre-litigation demand on the ADA defendant.  (This is apparently an access, not an employment case.) 
The panel wrote:

Hager claims that the district court abused its discretion when, in deciding to reduce the lodestar […]

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Tuesday, August 5th, 2008

USDOL: On-Call Time

A recent non-Administrator’s letter from the U. S. Department of Labor addressed the compensability of on-call time for ambulance employees.  The Department advised that on-call periods in the winter were compensable, and that on-call times in the summer were not compensable under FLSA. 
The staff member’s reasoning was as follows:
Based on the situation you describe, it […]

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