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State agency, supervisor entitled to immunity on discharged employee’s FMLA claims

March 27th, 2015

By Kathleen Kapusta, J.D.
Finding that the Texas Department of Aging and Disability Services was entitled to sovereign immunity on a discharged employee’s interference and retaliation claims under the FMLA’s self-care provision, and that her supervisor was entitled to qualified immunity on her interference claims, the Fifth Circuit reversed the district court’s denial of the defendants’ [Read more...]


NLRB: Union steward was unlawfully threatened with suspension for Weingarten meeting conduct

March 27th, 2015

By Lisa Milam-Perez, J.D.
An employer unlawfully threatened a union steward with discipline for using notes while representing an employee during an investigatory interview, a divided NLRB panel held, reversing a law judge’s dismissal of an NLRA, Section 8(a)(1) charge in a supplemental decision and order. Member Miscimarra dissented (Howard Industries Inc, Transformer Division, March 23, [Read more...]


Do pregnant workers get ‘most-favored-employee’ status in High Court’s pregnancy accommodation case?

March 26th, 2015

By Lorene D. Park, J.D. and Lisa Milam-Perez, J.D.
Applying the McDonnell Douglas standard to a UPS driver’s Pregnancy Discrimination Act (PDA) claim, which asserted that UPS accommodated lifting restrictions for those with on-the-job injuries or disabilities but categorically and unlawfully refused to accommodate pregnant employees’ lifting restrictions, a divided Supreme Court found an issue of [Read more...]


Jury could find defense witness’s refuted account of employee’s performance was pretext

March 26th, 2015

By Lorene D. Park, J.D.
Reversing summary judgment to the Chicago Board of Education on Title VII and Sec. 1983 race discrimination claims by an African-American employee who was laid off while a white employee with less seniority and fewer credentials was retained, the Seventh Circuit explained that testimony by the defendants’ main witnesses about the [Read more...]


9th Circuit defers to DOL: FLSA exemption didn’t apply to auto dealer’s service advisors

March 26th, 2015

By Lisa Milam-Perez, J.D.
An auto dealership’s service advisors did not fall within the FLSA’s exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles,” the Ninth Circuit held in a case of first impression. Parting ways with the Fourth and Fifth Circuits and granting Chevron deference to the DOL’s regulatory definitions [Read more...]