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NLRB finds employer violated NLRA by wrist-slapping union steward for rogue info requests

September 22nd, 2014

By Lisa Milam-Perez, J.D.
An employer unlawfully issued a disciplinary warning to an employee who, ostensibly pursuant to his role as union shop steward, made frivolous information requests that had not been authorized by the union and were irrelevant to his role in processing grievances, a divided NLRB panel held, reversing a law judge. As the [Read more...]


Attorneys’ fees reduced by half where post-trial settlement much lower than prior rejected offer

September 22nd, 2014

By Lorene D. Park, J.D.
In reducing the attorneys’ fee lodestar by half, a trial court did not err in considering the fact that an army veteran rejected a pre-trial offer to settle his Rehab Act claims for $300,000, and then agreed to a much lower post-trial settlement with a $60,000 payout. Affirming the fee award, [Read more...]


Corporate parent remains defendant, for now, in EEOC’s suit against franchisee

September 22nd, 2014

By Brandi O. Brown, J.D.
It was not necessary for employees who intervened in an EEOC suit to have been proceeding pro se when they filed their EEOC charges in order to take advantage to judicially recognized exceptions to Title VII’s named-party exhaustion requirement, ruled a Fifth Circuit panel. When intervening in the suit, the restaurant [Read more...]


McDonald’s franchisee workers denied class certification on minimum wage claims

September 19th, 2014

By Lisa Milam-Perez, J.D.
McDonald’s employees who claimed they were forced to be ready to work, albeit off the clock, before or after their scheduled shifts were denied certification of their collective action minimum wage claims against two separate McDonald’s franchisees in a pair of companion cases. The plaintiffs estimated the putative class was comprised of [Read more...]


LinkedIn contacts provide basis for trade secrets claim against terminated employee

September 19th, 2014

By Brandi O. Brown, J.D.
Ruling on cross-motions for summary judgment in a suit brought by a cellular company against a former employee-turned-competitor, a federal district court in California found that fact issues remained regarding the employer’s claim that the employee misappropriated trade secrets by maintaining LinkedIn contacts with the company’s clients after his termination. The [Read more...]