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No whistleblower ‘carve-out’: Assistant principal’s disagreement over student discipline not constitutionally protected speech

October 23rd, 2019

By Marjorie Johnson, J.D.
Her speech fell within her official duties, which included administering discipline. The appeals court again refused to recognize a “whistleblower carve-out” to this Garcetti principle.
An assistant principal who claimed she was forced to resign after she voiced opposition to the superintendent’s decision to allow an adult student to possess cigarettes at school [Read more...]

In-person, regular attendance was essential function of auditor’s job, so her IBS-related ADA and FMLA claims fail

October 22nd, 2019

By Marjorie Johnson, J.D.
Even if the employee’s irritable bowel syndrome had actually caused all of her tardiness, early departure, excessive break-taking, and full-day absences, she required “vastly more flexibility and time off than she proposed” and could not establish that she remained qualified for her job.
An employee who suffered from irritable bowel syndrome (IBS), and [Read more...]

Pepperidge Farm to pay over $22.7M in approved independent contractor misclassification settlement

October 22nd, 2019

By Lisa Milam, J.D.
The court granted preliminary approval but has continued misgivings about the appropriateness of $25,000 incentive awards to seven named plaintiffs.
A federal district court in California has granted preliminary approval to a $22.7 million settlement agreement resolving claims that Pepperidge Farm misclassified its product distributors as independent contractors. The class of roughly 925 [Read more...]

Workforce Mobility Act would curb employers’ use of non-compete agreements

October 22nd, 2019

By Wayne D. Garris Jr., J.D.
The bipartisan bill would limit the use of non-compete agreements to the dissolution of partnerships or the sale of a business.
On October 16, Senators Todd Young (R-Ind.) and Chris Murphy (D-Conn.) introduced a bill that would limit the use of non-compete agreements by employers. The bill, according to Senator Young, [Read more...]

NLRB: Cooperative that exercised control over scope of supermarkets’ initial workforce was a joint employer

October 21st, 2019

By Ronald Miller, J.D.
Applying the Browning-Ferris standard, the Board found the cooperative exercised direct and immediate control over essential terms and conditions of employment of the individual stores’ employees.
Because a cooperative had significant control over the scope and identity of the initial workforce of newly purchased individual supermarkets, and referred to itself as an “employer” [Read more...]