About Us  |  About Cheetah®  |  Contact Us

News

Subscribe to the Employment Law Daily RSS Subscribe

CNA was fired for suspected patient abuse, not for complaining about coworker

May 21st, 2018

By Nicole D. Prysby, J.D.
While Maine’s Whistleblower Protection Act (WPA) does not have a three-part burden-shifting approach like the McDonnell Douglas approach, the First Circuit noted that in the final analysis, the state-specific retaliation paradigm requires the same “quantum of proof,” and it found no error in a determination that a certified nursing assistant failed [Read more...]


Massachusetts independent contractor law does not determine who is ‘employee’ for workers’ comp benefits

May 21st, 2018

By Lorene D. Park, J.D.
The Massachusetts’ independent contractor statute, G. L. c. 149, § 148B, does not determine whether an injured worker is an “employee” for the purpose of workers’ comp benefits under G. L. c. 152, ruled the Massachusetts Supreme Judicial Court. Consequently, the reviewing board of the Department of Industrial Accidents correctly applied [Read more...]


EEOC to get trial on alleged effort to change racial ‘face’ of recruiting department

May 21st, 2018

By Brandi O. Brown, J.D.
In the EEOC’s suit alleging that Scion Dental repeatedly passed over an African-American temp for a permanent job as part of a plan to change the racial “face” of the department responsible for recruiting dentists to join the network for which the company administered benefits, a federal district court in Wisconsin [Read more...]


Employee reinstated under CBA that offered greater benefits than workers’ comp law

May 18th, 2018

By Ronald Miller, J.D.
Finding that the state’s Workers’ Compensation Act (WCA) and a collective bargaining agreement were not mutually exclusive and could coexist, the Rhode Island Supreme Court reversed a trial court judgment which vacated an arbitration award reinstating an injured employee. Pointing to the parties’ freedom of contract, the state high court concluded that [Read more...]


Transgender employees can sue state benefits administrator under Title VII

May 18th, 2018

By Nicole D. Prysby, J.D.
Transgender employees’ Title VII claims against the state entities administering health plans and deciding coverage may go forward, held a federal district court in Wisconsin. The employees sued their employer as well as the state entities responsible for administering benefits and deciding on coverage, alleging discrimination because the state employee health [Read more...]