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No error in refusing to ‘look through’ arbitration petition to defeat subject matter jurisdiction

August 16th, 2017

By Kathleen Kapusta, J.D.
Rejecting an employee’s contention that the district court lacked subject matter jurisdiction over his former employer’s petition to compel arbitration under Section 4 of the Federal Arbitration Act due to a lack of complete diversity of citizenship, the Second Circuit refused to “look through” the petition to the underlying dispute as defined [Read more...]

Minnesota whistleblower need not suspect illegal conduct to bring retaliation claim

August 16th, 2017

By Lisa Milam-Perez, J.D.
An employee does not have to show that he or she is reporting illegal conduct in order to be protected from retaliation under the Minnesota Whistleblower Act, a unanimous Minnesota Supreme Court ruled. Responding in the affirmative to a certified question from the federal district court (one that drew amicus briefs from [Read more...]

American workplace ‘physically, emotionally taxing,’ Rand Corp survey finds

August 16th, 2017

The American workplace is physically and emotionally taxing, with workers frequently facing unstable work schedules, unpleasant and potentially hazardous working conditions, and an often hostile social environment, according to a study of working conditions in the United States conducted by the nonprofit RAND Corporation and researchers from Harvard Medical School and UCLA.
The findings, released Monday, [Read more...]

Reconsidering, DC Circuit holds that denying lateral transfer can be Title VII adverse action

August 15th, 2017

By Lorene D. Park, J.D.
Deciding sua sponte to reconsider a prior decision, and then vacating that decision in an opinion that prompted all three judges on the panel to issue concurrences, the D.C. Circuit has now held that the denial of a Hispanic employee’s request for a lateral transfer could be a materially adverse action [Read more...]

Separate bargaining unit of ‘riggers’ is legitimate; so is Specialty Healthcare

August 15th, 2017

By Ronald Miller, J.D.
An employer’s challenge to the appropriateness of a bargaining unit of “riggers,” based on its contention that other employees shared a community of interest, was rejected by the D.C. Circuit because a legitimate basis existed to certify these workers as a separate unit. Here, the appeals court rejected the employer’s contention that [Read more...]