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Post-Noel Canning, NLRB changes mind, upholds Sodexo no-access policy

November 24th, 2014

By Lisa Milam-Perez, J.D.
There was much consternation among employers when a divided NLRB, in a 2012 decision, invalidated an employer’s policy regarding off-duty employee access. The Board had found the access rule, promulgated by a hospital and Sodexo, the hospital’s food service contractor, was unlawful because it didn’t uniformly bar access to off-duty employees—it provided [Read more...]

Was EMT fired for Facebook threat or his harassment complaint?

November 24th, 2014

By Marjorie Johnson, J.D.
Allowing a male emergency medical technician to proceed to trial on his Title VII and state law claims that he was fired in retaliation for complaining that a male paramedic made sexual advances toward him, a federal district court in New York found that he cast sufficient doubt on the employer’s assertion [Read more...]

Supervisor’s ‘don’t die at the desk’ comment gives life to FMLA, ADA claims

November 21st, 2014

By Marjorie Johnson, J.D.
A supervisor’s “don’t die at the desk” comment, made days before discharging an employee who recently had open heart surgery necessitating FMLA leave bolstered his FMLA and ADA claims, a federal district court in Illinois ruled. Denying in part the employer’s motion for summary judgment, the court also found sufficient evidence that [Read more...]

Reservist fired after disclosing training obligation takes bias claim to jury

November 21st, 2014

By Kathleen Kapusta, J.D.
A Navy reservist who alleged that a company failed to permanently hire him because of his required annual training obligations, despite its history of hiring military veterans and handling varying lengths of military leave, can proceed to trial on his USERRA claim, a federal district court in Maryland ruled, denying the company’s [Read more...]

Court awards $10.9M to exotic dancers in independent contractor misclassification feud

November 19th, 2014

Granting partial summary judgment to a certified class of more than 2,000 exotic dancers in an ongoing wage dispute, a federal district court in New York awarded nearly $10.9M in damages over a seven-year period in which they were denied minimum wage under the FLSA and New York Labor Law. The ruling came over five [Read more...]