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Supervisor didn’t know about RIF; no cat’s paw bias in selecting employee for layoff

July 25th, 2016

By Kathleen Kapusta, J.D.
Rejecting a discharged African-American employee’s claim that the court below erroneously failed to apply the “cat’s paw” analysis to his Title VII race discrimination claim, the Eighth Circuit pointed out that it was difficult to apply the theory here because his supervisor did not know of the company’s planned reduction in force [Read more...]


US Steel settles suit over immediate reporting policy for worker injuries

July 25th, 2016

Under a settlement announced by the United Steelworkers (USW), United States Steel has agreed to rescind previously issued discipline of three USW members for “late reporting” of minor injuries suffered at work in separate incidents and to provide them full back pay with interest. The company will also roll back the immediate reporting policy that [Read more...]


School’s litigation conduct precluded arbitration of wage claims brought by cosmetology students

July 25th, 2016

By Ronald Miller, J.D.
Because cosmetology schools waived their right to arbitrate by their litigation conduct, the Ninth Circuit affirmed a federal district court’s denial of their motion to compel arbitration of claims brought by students of a cosmetology school who alleged that they were “employees” of the schools entitled to minimum wages, overtime pay, and [Read more...]


Company that had contract worker removed after she claimed harassment may be liable as joint employer

July 22nd, 2016

By Kathleen Kapusta, J.D.
Finding no evidence that a company’s “independent concerns” regarding a contract employee’s “gossipy” and “flirtatious” behavior—which resulted in her removal from her position—would have been raised absent her allegations of sexual harassment, a federal district court in Ohio could not find as a matter of law that the company’s stated reason for [Read more...]


NLRB sets election set aside because union wasn’t allowed to use high-ranking official as observer

July 22nd, 2016

By Ronald Miller, J.D.
Because the Board agent conducting a union election improperly refused to allow a union its designated observer, a divided three-member panel of the NLRB agreed with a hearing officer’s recommendation to set aside the election and hold a new election. The electorate may reasonably interpret the absence of observers for one party, [Read more...]