Jottings By An Employer's Lawyer

Sunday, December 28, 2003

"Hit List" of Employees With Overtime Leads to Lawsuit

A list of the 300 employees who had the most overtime that was circulated within the track department of the Burlington Northern Santa Fe led to a class action suit in Montana state court. The list which had the employees names, social security number and station was posted on bulletin boards, left on tables in break rooms and given to anyone. The suit alleged violation of privacy rights. Although originally dismissed by the trial court, it has now been revived, at least temporarily by the Montana Supreme Court. The AP story ran in several papers including thisstory at the Fort Wayne web site.

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