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7th Circuit sides with NLRB, finds class-action waiver violates NLRA; circuits now split on D.R. Horton

May 27th, 2016

By Dave Strausfeld, J.D.
In a significant victory for the NLRB—one that creates a split with the Fifth Circuit over the Board’s much-maligned D.R. Horton decision—the Seventh Circuit held that a software company violated the NLRA by imposing a mandatory arbitration agreement that barred employees from seeking class, collective, or representative remedies to wage-and-hour disputes. Affirming [Read more...]


Employer liable under FMLA for firing employee who took leave to care for ailing parents

May 27th, 2016

By Lorene D. Park, J.D.
Granting partial summary judgment for an employee on the issue of the defendants’ liability for FMLA interference, a federal district court in Pennsylvania found that she established as a matter of law that even though she did not formally request “FMLA” leave, she was entitled to leave under the Act to [Read more...]


NLRB nixes annual change to healthcare benefits for 40-member unit of UPS subsidiary with 10,000 employees

May 27th, 2016

By Dave Strausfeld, J.D.
A UPS subsidiary unlawfully refused to bargain when it modified its healthcare insurance plan without first notifying a union representing approximately 40 employees and bargaining over the proposed changes, ruled a divided three-member panel of the NLRB. As a remedy, the employer was ordered to restore the bargaining-unit employees’ previous level of [Read more...]


Audio recording discredits employer’s discharge justification of whistleblowing employee

May 26th, 2016

By Brandi O. Brown, J.D.
An administrative law judge’s decision in favor of a whistleblowing employee was supported by substantial evidence, ruled a divided Fourth Circuit in an unpublished decision, concluding that the ALJ properly applied the correct standard for causation under Sarbanes-Oxley, i.e., that the employee’s protected activity “contributed to” her discharge. Critical to this [Read more...]


NY Attorney General sues Domino’s as joint employer with franchisees

May 26th, 2016

New York Attorney General Eric T. Schneiderman has launched litigation against Domino’s Pizza, Inc., Domino’s Pizza LLC, and Domino’s Pizza Franchising LLC (collectively, Domino’s) and three Domino’s franchisees for purportedly underpaying workers at least $565,000 at 10 stores in New York. According to the petition. Domino’s is a joint employer of the workers at the [Read more...]